IMAGE  EVALUATION 
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Corporation 


23  WEST  MAIN  STREET 

WEBSTER,  N.Y.  14580 

(716)  87i-;iO.'' 


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CIHM/ICMH 

Microfiche 

Series. 


CIHIVI/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historicai  Microreproductions 


Institut  Canadian  de  microreproductions  historiques 


1980 


i. 


Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


The  Institute  has  attempted  to  obtain  the  best 
original  copy  available  for  filming.  Features  of  this 
copy  which  may  be  bibliographically  unique, 
which  may  alter  any  of  the  images  in  the 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


D 


Coloured  covers/ 
Couverture  de  couleur 


□    Covers  damaged/ 
Couverture  endommagde 

□    Covers  restored  and/or  laminated/ 
Couverture  restaur6e  et/ou  pellicul6e 


D 


D 
D 


D 


Cover  title  missing/ 

Le  titre  de  couverture  manque 


I      I    Coloured  maps/ 


Cartes  g6ographiques  en  couleur 


□    Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bieue  ou  noire) 

I      I    Coloured  plates  and/or  illustrations/ 


D 


Planches  et/ou  illustrations  en  couleur 

Bound  with  other  material/ 
Reli6  avec  d'autres  documents 

Tight  binding  may  cause  shadows  or  distortion 
along  interior  margin/ 

La  reliure  serrde  peut  causer  de  I'ombre  ou  de  la 
distortion  le  long  de  la  marge  intdrieure 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajout6es 
lors  d'une  restauration  apparaissent  dans  le  texte, 
mais,  lorsque  cela  6tait  possible,  ces  pages  n'ont 
pas  dt6  fiimdes. 

Additional  comments:/ 
Commentaires  suppl6mentaires; 


L'Institut  a  microfilm^  le  meilleur  exemplaire 
qu'il  lui  a  6t6  possible  de  se  procurer.  Les  details 
de  cet  exemplaire  qui  sont  peut-dtre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  reproduite.  ou  qui  peuvent  exiger  une 
modification  dans  la  mdthode  normale  de  filmage 
sont  indiquds  ci-dessous. 


□    Coloured  pages/ 
Pages  de  couleur 

□    Pages  damaged/ 
Pages  endommagdes 

I — I    Pages  restored  and/or  laminated/ 


Pages  restaurdes  et/ou  pelliculdes 

Pages  discoloured,  stained  or  foxed/ 
Pages  d^colordes,  tachet^es  ou  piqudes 


□    Pages  detached/ 
Pages  d6tach6es 

I    ~y  Showthrough/ 
I  vl    Transparence 

I      I    Quality  of  print  varies/ 


D 


Quality  in6gale  de  I'impression 

Includes  supplementary  material/ 
Comprend  du  materiel  supplementaire 

Only  edition  available/ 
Seule  Edition  disponible 


Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refiimed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata,  une  pelure, 
etc.,  ont  6t6  filmdes  A  nouveau  de  fa9on  d 
obtenir  la  meilleure  image  possible. 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  filmd  au  taux  de  rMuction  indiqui  ci-dessous. 


10X 

14X 

18X 

22X 

26X 

30X 

J 

12X 

16X 

20X 

24X 

28X 

32X 

The  copy  filmed  here  has  been  reproduced  thanks 
to  the  generosity  of: 


Library  of  the  Public 
Archives  of  Canada 


L'exemplaire  filmA  f ut  reproduit  grflce  h  la 
g6n4rosit6  de: 

La  bibliothdque  des  Archives 
publiques  du  Canada 


The  images  appearing  here  are  the  best  quality 
possible  considering  the  condition  and  legibility 
of  the  original  copy  and  in  keeping  with  the 
filming  contract  specifications. 


Les  images  suivantes  ont  6t6  reproduites  avec  le 
plus  grand  soin.  compte  tenu  de  la  condition  at 
de  la  nettetA  de  l'exemplaire  film6.  et  en 
conformity  avec  les  conditions  du  contrat  de 
filmage. 


Original  copies  in  printed  paper  covers  are  filmed 
beginning  with  the  front  cover  and  ending  on 
the  last  page  with  a  printed  or  illustrated  impres- 
sion, or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


Les  exemplaires  originaux  dont  la  couverture  en 
papier  est  imprimie  sont  film6s  en  commenpant 
par  le  premier  plat  et  en  terminant  soit  par  la 
dernidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration,  soit  par  le  second 
plat,  selon  le  cas.  Tous  les  autres  exemplaires 
originaux  sont  film6s  en  commenpant  par  la 
premidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  dernidre  page  qui  comporte  une  telle 
empreinte. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  -^  (meaning  "CON- 
TINUED "),  or  the  symbol  y  (meaning  "END"), 
whichever  applies. 


Un  des  symboles  suivants  apparaTtra  sur  la 
derniire  image  de  cheque  microfiche,  selon  le 
cas:  le  symbols  — ►  signifie  "A  SUIVRE  ",  le 
symbols  V  signifie  "FIN". 


Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Les  cartes,  planches,  tableaux,  etc..  peuvent  dtre 
film6s  A  des  taux  de  reduction  diff6rents. 
Lorsque  le  document  est  trop  grand  pour  dtre 
reproduit  en  un  seul  cliche,  il  est  film6  d  partir 
de  I'angle  sup6rieur  gauche,  de  gauche  d  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  ndcessaire.  Les  diagrammes  suivants 
illustrent  la  mithode. 


1 

2 

3 

1 

2 

3 

f         ■ 

4 

5 

6 

THE  WORKS 


ov 


IIUBEKT  HOWE  BANCROFT. 


^^?3I5HR« 


THE  WORKS 


OF 


HUBERT  HOWE  BANCROFT. 


V 


VOLUME   XXXVI. 


POPULAR    TRIBUNALS. 


Vol.  I. 


SAN    FRANCISCO: 
THE   HISTORY  COMPANY,  PUBLISHERS. 

1887. 


I 

I 


I 


F.„t.T.Ml  n,-.-..r,Uii«  t.^  Aot  of  ('o>,^t.ss  ,n  Hm'  War  18-7,  by 

nrr.Kirr  ii  r.ANciunT. 

1„  tt.r  om.-.      f  th.'  I.il.niii»)  ..f  <^ii.t;n>s,  at  WaHlunu't-.n. 


.1//   Unjlils   Uisirtrd. 


'  ^' 


PREFACE. 


During  my  researches  in  Pacific  States  history, 
and  particularly  while  tracing  the  development  of 
Anijlo- American  communities  on  the  western  side 
of  the  United  States,  I  fancied  I  saw  unfolding  into 
healthier  proportions,  under  the  influence  of  a  purer 
atmosphere,  that  sometime  dissolute  principle  of  po- 
litical etliics,  the  right  of  tlic  governed  at  all  times 
to  instant  and  arbitrary  control  of  the  government. 
The  right  thus  claimed  was  not  to  be  exercised  except 
in  cases  of  emergency,  in  cases  where  such  interfer- 
ence should  be  deemed  necessary,  but  it  was  always 
existent;  and  as  the  people  themselves  were  to  de- 
termine what  should  constitute  emergency  and  what 
necessity,  these  qualifications  were  impertinent. 

Though  liable  at  times  to  the  grossest  abuse,  I 
found  this  sentiment  latent  among  widely  spread  and 
intelligent  i:)eoples,  but  in  a  form  so  anomalous  that 
few  would  then  admit  to  themselves  its  presence 
amoncr  their  convictions.  It  was  a  doctrine  acted 
rather  tlian  spoken,  and  existing  as  yet  in  practice 
only,  never  having  through  formulas  of  respectability 
worked  itself  out  in  theory.  Yet  it  was  palpably 
present,  more  often  as  a  regretted  necessity,  usually 
denounced  in  judicial  and  political  circles,  though 
clearly  operating  under  certain  conditions  to  the  wel- 
fare of  society. 


(Vii) 


yUi 


l*l!KI  ACK. 


Fiudinjif  on  these  Pacilic  shores,  in  u  dej^rec  superior 
to  any  elsewhere  appearinu^  in  the  annals  of  the  race, 
this  phase  of  ai'hitrary  power  as  tlisplayecl  by  the 
many  JVpular  Tribunals  liere  engendered,  I  pressed 
iii([uiry  in  that  direction,  and  these  volumes  are  the 
i-csult.  It  is  all  history;  and  tliough  herein  I  some- 
times indulge  in  details  which  might  swell  unduly 
exact  historical  nai'ration,  I  have  felt  constrained  to 
omit  more  facts  and  illustrations  than  I  have  <xiven. 
These  omissions,  however,  are  not  made  at  random, 
or  to  the  injury  of  the  work,  but  only  after  carefully 
arranging  and  comparing  all  the  information  on  the 
subject  I  have  been  able  to  gather. 

And  the  material  was  abundant.  Beside  printed 
books,  manuscripts,  and  the  several  journals  of  the 
period  advocating  the  opposite  sides  of  the  question, 
I  was  fortunate  enough  to  secure  all  the  archives  of 
the  San  Francisco  Committee  of  Vigilance  of  1851, 
and  to  obtain  free  access  to  the  voluminous  records 
and  documents  of  the  great  Committee  of  185G.  But 
this  was  not  all.  Well  knowing  that  the  hidden  work- 
ings of  the  several  demonstrations  could  be  obtained 
only  from  the  mouths  of  their  executive  officers,  I  took 
copious  dictations  from  those  who  had  played  the  most 
prominent  parts  in  the  tragedies.  From  one  member 
I  learned  what  occurred  on  a  given  occasion  at  the 
point  where  he  happened  to  be;  I'rom  another,  what 
was  taking  place  at  the  same  time  at  another  point 
of  observation ;  and  so  on,  gathering  from  each  some- 
thing the  others  did  not  know  or  remember.  By 
putting  all  together  I  was  enabled  to  complete  the 
picture  of  what  were  otherwise  a  conglomeration  of 
figures  and  events. 

At  first  I  found  the  gentlemen  of  185G  exceedingly 


PRKFACK. 


ix 


ipcrior 
c  race, 
by  the 
pressed 
iro  the 
"  soinc- 
unduly 
ined  to 

ociven. 
andom, 
ircfully 

on  the 

printed 
of  the 
uestion, 
lives  of 
)f  1851, 
records 
G.    But 
)n  work- 
Dbtoincd 
s,  I  took 
the  most 
member 
II  at  the 
er,  what 
ler  point 
cli  somc- 
)er.     By 
)lcte  the 
ration  of 

3eedingly 


backward  in  divulsj^inc:  secrets  so  lonijf  licld  sacred;  and 
it  was  only  after  I  had  j^iven  thcni  the  most  convincing 
assurances  of  the  strength  and  purity  of  my  i)urpose 
that  I  obtained  their  united  consent  to  pkice  me  in 
possession  of  their  whole  knowledge  of  the  matter. 
Often  had  they  been  applied  to  for  such  information, 
and  as  often  had  they  declined  giving  it.  And  for 
good  reasons.  They  had  offended  the  law;  they  had 
done  violence  to  many  who  still  cherished  hatred; 
they  had  suifered  from  annoying  and  expensive  suits 
at  law  brought  against  them  by  the  expatriated ;  they 
had  disbanded  but  had  not  disorganized,  and  they  did 
not  know  at  what  moment  they  might  again  be  sum- 
moned to  rise  in  defence  of  societv,  or  to  band  for 
nmtual  protection.  From  the  beginning  it  was  held 
by  each  a  paramount  obligation  to  divulge  nothing. 

On  the  other  hand  the  questions  arose :  Are  these 
secrets  to  die  with  you  ?  ^lay  not  the  kno  vledge  of 
your  experience  be  of  value  to  succeeding  societies? 
Have  you  the  right  to  bury  in  oblivion  that  experi- 
ence, to  withhold  from  your  fellow-citizens  and  from 
posterity  a  knowledge  of  the  ways  by  which  you 
achieved  so  grand  a  success?  And  so  after  many 
meetings,  and  warm  deliberations,  it  was  agreed  that 
the  information  should  be  placed  at  my  disposal  for 
the  purpose  of  publication. 

However  I  may  have  executed  my  task,  the  time 
selected  for  its  performance  was  most  opportune. 
Ten  years  earlier  the  actors  in  these  abnormal  events 
would  on  no  account  have  divulged  their  secrets;  ten 
years  later  many  of  them  will  have  passed  away,  and 
the  opportunity  be  forever  lost  for  obtaining  informa- 
tion which  they  alone  could  give. 


!• 


COXTENTS   OF  IlIIS  VOLUME. 

CHAPTER  I.  "*«« 

ABERRATIONS    OF   JCSTICK,   ANCIEN'l'    AM)    5IODERN, 1 

CHAPTER  II. 

POPULAR    TRIUUNALS    AND    I'OrULAR   GOVERNMENT, -Jl 

CHAPTER  III. 

ENOENDERiNM    C(JNDITIONS, 40 

CHAPTER  IV. 

BIONIFICATIONS   OF  STORM, til 

CHAPTER  V. 

THE    HOUNDS    ASSOCIATION, 7(5 

CHAPTER  VI. 

THE    SAN    FRANCISCO    SOCIETY    UF    REGULATORS, 88 

CHAPTER  VII. 

IE    ADVENT    OF   LAV/, 103 

CHAPTER  VIII. 

CHARACTERISTICS    OF    CRDIE    IN    CALIFORNIA, 1  l.'J 

CHAPTER  IX. 

LAW   AND    DISORDER, 129 

CHAPTER    v. 

MOBOCRACY  IN  THE  MINES, 142 


xii  (OXTI.NTS. 

CHAPTi:i{   XI.  i-^'* 

It  r.nir.i!  antics  or  irsiK  r.  in   iiii;  idintuy ir.s 

CHAPTKH    XII. 

THi;    lU  lilifK-STlAKT    AITAIK I71I 

CHAl'TEIl   Xni. 

(IHCAMZATIdN    DF    Till'     SAN     IliAM  ISCi)    ('(JMMITTEE    OF    ViniLANCK 

OF   1S.")1, ....     "JOl 

CHAPTER   XIV. 

1  ..IIINP    Tin:    SCFNKS, -JU 

CHAPT]:H    XV. 

JOHN    JENKINS,    NDI.LNS    VOI.KNS ^tlC) 

CHAPTKK   XVI. 

Tin:  SAN  iiiANcisci.  Kxr.criivi;  ro:\iMiTTi;i:  of  ISol 240 

CITAPTKI!   XVII. 

vic.n.ANci:  liixoMr.s  a  I'<j\vi:k 2.w 

CIIAPTKPi   XVIII. 

ENTEll   JAME.S   STIAKT, 2(17 

CHAPTER  XIX. 

EXIT  .ia:»ii:s  stfakt 280 

CHAPTER   XX. 

A    lilsV     MdN'lII, 21)0 

CHAPTER   XXI. 

oi'i'osiTioN   in  vion.ANi  i:  ADMiNisTUATioN ;n:{ 

CHAPTER   XXII. 

WlHiTAKEll    AND    JU  KEN/IK, ;{.T> 

CHAPTER   XXIII. 

THE    CinCt'MVENTOHS   CIELTMVENTED, 3oO 


PACK. 

.      .    17'.) 


lILANCi; 

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]\\ 


•2-J(i 


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'J'.i'.l 


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:!:{.*) 


350 


CONTEXTS.  xiii 

CHAPTER  XXIV.  !•*'■= 

MINOR   1{.\SC.VLITIES, "iGT 

CHAPTER  XXV. 

TUE   INQUISITORS  IN  COUN'CII,, 380 

^**  CHAPTER  XXVI. 

CLOSE   OF    TUE   ITUST   CliUS.VUi:,    .' 3t)3 

I  CHAPTER  XXVII. 

4- 

13EF0UE   Tin;  WOItLD, 407 

CHAPTER  XXVIII. 

EXTENSION    OF   THE    VIGILANCE    I'lUNCIPLE, 429 

CHAPTER  XXIX. 

^         COUNTRY    C'OSniITTEES    OF   VIGILANCE, 441 

CHAPTER   XXX. 

INFELICITIES    AND    .VI.LEVIATIONS, 515 

CHAPTER   XXXI. 

THE    POWNTEVILLE   TRAGEDY, r)77 

CIIAPTEPt   XXXII. 

THE    POl'ULAH   TRIUUNALS    OF    UTAH    AND    NEVADA, oOS 

CHAPTER   XXXIII. 

THE  I'lil  II.AU  TRIIUNALS  OF  OltEGOX,  WASIlI.Ni  i  TON,   lUUTISH  C'OLr:^!- 

r.IA,   AND  ALASKA, C)'2'2 

CHAPTER   XXXIV. 

TUE    I'OITLAR    TItlliUNALS    OF    IDAHO, G.'i4 

CHAPTER    XXXV. 

POPULAR    TRIUUNALS    OF    JIONTANA, G7  4 

CHAPTER  XXXVI. 

THE    POPULAU   TKUiUNALS    OF    ARIZONA,  NEW    MEXICO,  AND    MEXICO,      7:22 


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POPULAR  TRIBUNALS. 


CHAPTER  I. 

ABERRATIOXS  OF  JUSTICE.  ANCIENT  AND  MODERN. 

At  Halifax  the  law  so  sharpe  doth  deale, 
Ihat  who3o  more  than  thirteen  pence  doth  stcale, 
Ihoy  luivc  a  jyn  tliat  wondrous  quick  and  well 
bends  thieves  all  headless  into  heaven  or  hell. 

Taylor,  The  Water  Poet. 

Popular  tribunals,  wherein  is  attempted  the  ille- 
gal  administration    of  justice    by  the   people,   have 
become  quite  prominent  among  those  social  parox- 
ysms incident  to  rapid  progress.     The  principle  in 
its   several   phases,    and   as   at    present   existin<r    is 
essentially  a  latter-day  development.     Dan-veroiJ^'  or 
otlienvise,  it  is  the  outgrowth  of  enlightenment,  of 
intellectual  emancipation.     While  the  doctrine  of  the 
divinity  of  law,  that  is  of  statutory  or  otlier  than 
natural  law,  held    bound   men's   minds,   there    were 
coni])aratively  few  examples  of  illegal  justice;    but 
when  it  came  generally  to  be  felt  that  statutes  were 
no  more  sacred  than  the  men  who  made  them  leo-al 
impositions  and  vicious   technicalities  were  less  pa- 
tiently endured. 

Not  that  antiquity  was  wholly  without  its  rio-ht- 
compelhng  powers,  but  they  were  of  a  different  o?der 
trom  our  modern  demonstrations.  But  neither  the  old 
nor  the  new  were  such  as  Plato  would  have  chosen  for 
his  Kepubhc,  or  Saint  Augustine  for  his  City  of  God  or 

Vol.  I.    1  t,  } 


ABERRATIONS  OF  JUSTICE. 


Sir  Thomas  More  for  his  Utopia,  or  Lord  Bacon  for 
his  New  Atlantis.  A  theorist  could  scarcely  have 
concocted  so  paradoxical  a  proposition  as  the  modern 
popular  tribunal,  and  the  thing  was  left  to  concoct 
itsclt: 

There  was  government  by  factions  in  the  olden 
time,  such  as  in  the  days  of  Cicero  and  Pompey  kept 
Rome  for  nearly  four  years  in  a  state  of  anarcliy. 
It  was  Clodius  and  his  hired  gladiators  who  did  it. 
Even  as  at  present,  sometimes,  assassins  were  at  work ; 
elections  were  tampered  with,  and  the  senate  was 
overawed.  Men  talked  of  military  rule,  the  thought 
(jf  wliich  was  pleasing  to  both  Pompey  and  Caisar- ; 
for  strange  to  say,  when  backed  by  strong  battalions, 
the  rival  allies  both  loved  to  reign.  How  it  would 
have  ende^[  it  is  difficult  to  say,  had  not  Milo  and  his 
jKirtisans,  likewise  with  a  patrol  of  gladiators,  opposed 
and  finally  overthrown  Clodius.  But  for  a  time,  like 
the  Capulets  and  Montagues  at  Verona,  the  parties 
of  Clodius  and  Milo  walked  the  streets  of  Rome,  bid- 
dino-  deliance  alike  to  governors  and  governed. 

In  feudal  times  almost  every  state  had  its  system 
of  secret  tribunals,  where  judgments,  most  unex- 
pectedly to  the  victims,  were  passed  in  darkness  and 
executed  in  the  light.  Whereat  innocent  and  guilty 
alike  trembled ;  no  one  could  tell  when  his  own  turn 
would  come,  or  when  he  might  be  executed  for  he 
knew  not  what.  The  guilty  mind  was  thus  always 
on  the  rack,  and  fortunate  was  the  offender  who  was 
not  first  condemned  and  then  caught. 

During  the  Middle  Age  the  knights  of  Germanv 
formed  an  independent  feudal  order,  and  threw  off 
allegiance  to  any  prince.  Their  depredations  at  first 
were  not  incompatible  with  the  then  existing  ideas  of 
respectability,  but  as  they  were  driven  into  corners  b}' 
the  growth  of  towns,  the  order  degenerated  toward 
the  close  of  the  fifteenth  century,  until  its  membe.' ; 
were  nothing  less  than  highwaymen.  In  1522  they 
infested  the  country  round  Nuremberg,  and  took  many 


■■■# 


axcip:nt  tribunals. 


» 


])iis()iu)r.s.  They  liad  a,  fashion  of  cutting  off*  the  right 
liand  of  those  they  captured,  thereby  rendering  them 
helpless  in  any  future  encounter. 

There  were  several  terms  used  in  bygone  times  to 
denote  the  process  of  punishing  first  and  trying  after- 
ward. There  was  Cowper  law,  due  to  a  baron-bailo 
in  Coupar-Angus,  before  the  abolition  of  heritable 
jurisdiction.  We  find  also  the  expressions  Jedburgh, 
Jedwood,  and  Jeddart  justice ;  also  Lynford  law,  from  a 
fortified  town  of  that  name  in  Devon,  where  criminals 
wore  confined,  before  trial,  in  a  dungeon  so  loathsome 
that  no  punishment  could  be  greater. 

Venice  had  its  Council  of  Ten,  a  secret  tribunal  of 
the  republic,  instituted  subsequent  to  the  conspiracy 
of  Tiepolo.  It  uas  originally  composed  of  ten  coun- 
cillors, arrayed  in  black.  Soon  six  others  in  red  wuv 
added,  and  these  together  with  the  doge  exercised 
unlimited  power.  Temporarily  established  at  first,  it 
was  continued  for  a  time  from  year  to  year,  and  finalh' 
in  13 .15  declared  permanent.  As  late  as  1454  we 
find  this  tribunal  exercising  its  secret  pleasure,  in  t1i<* 
name  of  justice,  under  the  following  arrangement: 
Citizens,  chosen  by  the  Council  as  inquisitors  t<» 
execute  its  will,  must  not  refuse  to  serve.  The 
inquisitors  might  proceed  against  any  person,  no  mat- 
tor  of  what  rank;  they  might  pronounce  the  deatli 
sentence,  or  any  other;  they  had  chargeof  the  prisons, 
and  drew  money  from  the  treasury  of  the  Council  of 
Ton  without  question  as  to  its  use.  The  proceedings 
( )i'thc  tril)unal  must  bo  alu'ays  secret ;  its  members  must, 
wear  no  distinctive  badge;  no  open  arrests  should  bo 
made,  no  public  executions,  but  the  condemned  of 
the  tribunal  should  be  drowned  at  night  in  the  Orfano 
Canal.  The  relatives  of  the  escaped  oflfenders  should 
be  puiiishod;  any  offensive  official  might  be  secret! v 
assassinated.  This  happy  state  of  things  continu(>d 
until  the  fall  of  the  republic,  in  1797. 

In  France  there  were  the  Council  of  the  Ancients, 
and  the  Council  of  Five  Hundred,  and  in  Spain  the 


ABERIIATI0N8  OF  JUSTICE. 


Council  of  Caatilo;  but  these,  and  many  otherH  similar, 
wore  bodies  advisory  of  the  government,  and  acted  in 
that  capacity,  or  subject  to  the  regulations  of  the 
government,  and  not  in  antagonism  to  it. 

Aragon  and  Castile  boasted  their  Holy  Brother- 
hood, and  for  centuries  tlieir  sovereigns  smiled  on 
its  important  services.  In  Spain,  during  the  thir- 
teenth and  iburteenth  centuries,  along  the  line  divid- 
ing the  hostile  Goth  and  Arab,  the  frontiers  of  both 
Spanish  and  Moslem  domination,  law  was  impotent 
and  anarchy  mightier  than  kings.  The  towns  were 
obliged  to  league  for  mutual  protection.  Associating 
under  the  n.  ine  of  Santa  TIermandarJ,  or  Holy 
Brotherhood,  they  levied  contributions  for  their  sup- 
port, and  organized  troops  for  service.  They  protected 
travellers,  pursued  criminals,  and  appointed  judges  who 
paid  little  heed  to  what  the  lord  of  the  domain  might 
think  of  it,  or  to  his  laws  or  jurisdiction.  They  scoured 
the  mountains  for  robbers,  and  caught,  tried,  and  exe- 
cuted them  after  their  own  fashion  for  many  scores 
of  years.  But  here,  also,  the  king  gave  both  favor 
and  support  to  the  association. 

The  Vehmgericht  of  Westphalia  has  been  held  up 
as  an  institution  of  wliicli  the  present  popular  tribunal 
is  a  representation;  but  there  is  little  in  common 
between  them,  either  in  letter  or  in  spirit.  The  Vehm- 
gericht was  a  secret  tribunal,  established  for  the 
preservation  of  the  true  faith,  the  promotion  of  peace, 
and  the  suppression  of  crime.  All  its  doings  were 
enveloped  in  mystery.  Its  secret  spies  penetrated  to 
the  remotest  corners  of  Germany,  its  judges  were  un- 
known, its  judgments  were  swift,  and  their  execution 
was  certain. 

Scotland  once  gloried  in  a  sort  of  lynch-law,  called 
burlaw,  from  the  Dutch  haiir,  a  boor,  or  rustic.  In 
tlio  rural  districts  the  people  made  certain  laws  to  suit 
emergencies,  and  appointed  one  of  their  number,  called 
the  burlaw-man,  to  see  them  executed.  Two  and  a 
Juilf  centuries  ago  tliei-e  was  what  was  called  Halifax 


FRANCK  AN'I)  KXGLAND, 


the 

eace, 

wore 

ited  to 

re  un- 

cutiou 

called 
c.  In 
to  suit 
,  <>alled 

and  a 
ialifax 


law,  whicli  coimuitted  thieves  for  execution  to  the 
Halifax  gibbet,  wliicli  was  a  kind  of  j^uillotine.  Robo- 
s[)i('rre  proposed  a  decree  which,  in  1793,  established 
a  Conunittee  of  General  Security,  exercising  power 
superior  to  the  convention.  To  this  was  auxiliary 
the  Committee  of  Public  Safety,  of  which  Robespierre 
likewise  was  a  member. 

An  incident  is  mentioned  by  M.  Hue,  which  hap- 
])ened  during  his  journey  through  the  Chinese  Empire 
in  ('(Hnpany  with  certain  Catholic  priests,  whicli  shows 
how  easily  intimidated  are  the  subordinates  of  arbitrary 
j)ower  by  a  counter  display  of  like  pretended  power. 
A  Chinese  Christian,  Tchao  by  name,  zealous  in  his  re- 
gard for  the  spiritual  ftithers  thus  unexpectedly  visit- 
ing the  country,  sent  the  travellers  a  present  of  sonu' 
(hied  fruit,  accompanied  by  a  letter.  A  military  man- 
darin, overwhelmed  with  curiosity,  secretly  (opened 
the  package  and  attempted  to  read  the  letter,  but 
was  cauLjlit  in  the  act.  The  missionaries,  who  woi'o 
travelling  under  protection  of  the  emperor,  clamoi-od 
loudly  over  the  insult.  They  demanded  that  Tchao, 
whom  the  ])refect  had  ordered  imprisoned  as  a  dis- 
turlier  of  the  ])oace  for  having  thus  connnunicated 
with  the  travellers,  sliould  be  brought  before  them 
for  trial;  and  two  foreigners,  if  we  may  credit  their 
stor}',  did  actually  s(^  frighten  the  magistrates  that 
they  yielded  tlieii"  place  in  the  tribunal,  and  permitted 
tlie  missionaries  to  try  and  to  acquit  the  prisoner. 

England  in  Anglo-Saxon  times  found  a  necessity 
the  witena-geni<)t,  or  great  national  council,  b}'  which 
the  king's  title  must  be  recoijfnized  and  his  acts  rc^xu- 
lated,  and  to  which  all  courts  of  justice  were  subser- 
vient. When  abolished  by  William  the  Conqueror, 
:'rs  were  transmitted  to  parliament 


V 


dy  in  p 


Such  are  some  of  the  prominent  examples  of  liis- 
tory  which  at  various  times,  and  by  men  not  the  n)  jst 
thoroughly  familiar  with  the  subject,  have  been  cr  n 
pared  with  the  modern  Committee  of  Vigilance,  which 


0  ABERRATIONS  OP  JU8TICK. 

in  its  liighcr  aspect  is  the  highest  form  of  the  popular 
tribunal.     If  antiquity  can  furnish  us  no  more  perti- 
nent illustrations  than  these,  then  we  are  safe  in  say- 
ing that  nothing  exactly  similar  to  our  present  popular 
tribunal  was  known  to  the  ancients.     If  nothing  of 
the  kind  can  be  found  in  Europe,  then  to  America 
must  be  given  the  honor  or  odium  of  it.     In  all  the 
cases  cited  there  is  something  of  government  by  fac- 
tion, or  of  military  rule,  or  of  rebellion  against  the 
powers  that  be,  or  of  secret  or  open  tribunals  acting 
iin<lor  law,  or  of  legally  sanctioned  aids  to  govern- 
nu'ut,  or  of  revolution,  civil  war,  or  highway  robbery. 
Xow  whatever  our  popular  tribunal  may  be,  it  is  none 
of  these ;  it  has  no  such  ingredients  in  its  composition. 
As  we  approach  the  time  of  Lynch  and  lynching, 
we  come  nearer  our  present  development,  but  we  do 
not  quite  reach  it  even  then.     As  to  the  origin  of 
the  term  lyncli-law,  opinion  is  divided.     There  was  in 
1493  a  mayor  of  Galway,  Ireland,  named  James  Fitz- 
stcphens  Lynch.       He  w^as  in  the  wine  trade,  and 
received  cargoes  from  Spain.     Thither  he  once  sent 
his  son  with  money  to  buy  wine.     The  son  squan- 
dered the  money,  but  purchased  a  cargo  on  credit. 
A  nepliew  of  the  Spanish  seller  of  the  wine  accom- 
panied young  Lynch  on   his  i-eturn  vo3''age,  for  the 
purpose  of  receiving  pay  for  the  wine  on  reaching  Ire- 
land.    To  hide  his  defalcation,  before  reaching  home 
Lynch  threw  the  Spaniard  overboard.     In  time  in- 
formation  of  the  son's   crime   reached   the   father's 
eai      The  young  man  was  tried  and  condemned,  the 
fat'  er  being  judge.     The  family  interfered  to  prevent 
the    execution;  but  the  father,  lest  the  ends  of  justice 
sho.  d  be  defeated,  with  his  own  hands  hanged  him 
fron    a  window  overlooking  the  street.     Hence,  as 
some  say,  the  term  lynch-law.    Others  refer  the  honor 
to  tl  3  founder  of  Lynchburg,  Virginia;  yet  others  to 
a  Virginia  farmer,  named  Lynch,  who  once  whipped 
a  thief  instead  of  delivering  him  to  the  sheriff.     In 
1687  one  Judge  Lynch,  to  suppress  piracy  which  was 


THE  TERM  LYNCH  LAW.  7 

ininiiiGf  coinmorco  in  Aiuerican  waters,  is  said  to  havo 
cxrcutcd  justice  suininarily,  resj^anlless  of  forms  of 
law.  Another  aceount  makes  Joh  i  Lyneli,  a  nativt^ 
of  South  Carohna,  the  judge.  This  man  followed 
Daniel  Boone  to  Kentucky,  where  he  was  chosen 
chief  of  twelve  jurors  to  try  causes  infoi-mally. 
Which,  if  any,  of  these  accounts  is  correct  is  a 
matter  of  small  moment.  What  we  are  to  undei'stand 
at  present  hv  the  term  is  what  chieily  concerns  us. 
When  the  Piedmont  country  of  Virginia  was  the 
l)ackwoods  of  America,  without  law,  summary  excfcu- 
tions  were  common;  and  the  accident  which  applied  the 
term  Lynch  to  illegal  executions  will  never  positively 
]j(i  known,  'w  hatever  else  it  was,  in  its  original  use  it 
was  not  a  term  of  reproach,  but  a  mark  of  the  high 
character  and  moral  integrity  of  the  people. 

It  was  on  the  western  frontier  of  the  United  States, 
and  during  the  last  half  century,  that  the  popular 
tribunal  in  its  broadest  proportions  was  reached.  All 
that  time  and  before  it,  beginning  just  back  of  the 
English  plantations,  this  frontier  had  been  shifting, 
extending  farther  and  farther  to  the  westward,  until 
the  valley  of  the  Mississippi  was  reached.  Upon  this 
I  (order,  as  upon  the  edge  of  mighty  fermentations, 
accumulated  the  scum  of  the  commr  -^  ealth.  The 
si)irit  of  evil  was  ever  strong,  and  government  was 
^\•oak.  Societ}'  there  was  low  and  brutal,  and  the 
lyucliers  were  not  always  much  better  than  the 
lynched.  After  Missouri  and  Arkansas  for  a  time 
hiul  constituted  the  frontier,  a  leap  was  made  by 
Mar  niid  western  progress  to  California,  and  the  pop- 
ular tribunal,  seemingly  •  purified  by  the  passage, 
settled  upon  the  newly  found  gold-fields.  Here, 
at  the  Ultima  Thule  of  western  migration,  the  in- 
stitution found  itself  in  an  element  totally  different 
from  any  it  had  ever  before  enjoyed.  The  people 
were  active  and  able;  many  of  them  were  educated 
and  intelligent;  most  of  them  were  honest.     But  there 


I'- 


ll ' 

! 


I 


8  ABERRATIONS  OF  JUSTICE. 

were  some  rogues  present,  else  enginery  for  pun- 
ishment had  never  been  required.  It  was  then  that 
the  popular  tribunal  assumed  respectability  and  took 
a  new  name.  The  somewhat  besmeared  terms  mob- 
law,  lynch-law,  and  the  like,  were  discarded,  and  the 
more  pleasing  titles  of  Regulators,  Committee  of 
Safety,  and  Committee  of  Vigilance  were  adopted. 

In  Nevada,  Utah,  Montana,  and  Idaho,  in  all  fron- 
tier settlements,  before  the  machinery  of  territorial 
legislatures  and  law  courts  was  in  working  order,  be- 
fore laws  were  framed  or  executed,  a  tribunal  formed 
of  citizens  was  found  necessary  to  prevent  wholesale 
robbery  and  murder.  Order-loving  men,  as  were  they 
who  composed  these  tribunals,  were  backward  enough 
in  assu  .  jng  the  unwelcome  duties,  usually  taking  no 
steps  to  organize  until  after  a  score  or  two  of  mur- 
derers had  escaped  punishment.  Each  new  western 
state,  as  it  began  to  be  settled,  attracted  thither  vil- 
lains of  every  dye,  who  kept  the  community  in  con- 
stant fear  until  it  purged  itself  by  the  swift  and  sure 
executions  of  mobocracy  or  vigilance  committees. 

What  then  has  the  popular  tribunal  here  become? 
What  is  a  vigilance  committee,  and  what  mobocracy  ? 
The  terms  vigilance  committee,  mob-law,  lynch-law, 
are  not,  as  many  suppose,  S3aionymous.  In  some  re- 
spects they  are  diametrically  opposed  in  principle  and 
in  purpose.  The  vigilance  conmiittee  is  not  a  mob; 
it  is  to  .0  mob  as  revolution  is  to  i-ebellion,  the  name 
being  somewhat  according  to  its  strength.  Neither 
is  a  tumultuous  rabble  a  vigilance  committee.  In- 
deed, prominent  among  its  other  functions  is  that  of" 
holding  brute  force  and  vulgar  sentiment  in  wholesome 
fear.  The  vigilance  committee  will  itself  break  the 
law,  but  it  does  not  allow  others  to  do  so.  It  has  the 
higliest  respect  for  law,  and  would  be  friendly  with  the 
law,  notwithstanding  the  law  is  sometimes  disposed  to 
l)e  ill-natured;  yet  it  has  a  higher  respect  for  itself 
than  for  ill-administered  law.      Often  it  has  assisted 


lis 


VIGILANCE  COMMITTEES  AND  MOBOCRACY.  9 

officers  of  the  law  in  catching  offenders,  and  has  even 
gone  so  far  as  to  hand  insignificant  and  filthy  crimi- 
nals over  to  courts  of  justice  for  trial  rather  than  soil 
its  lingers  with  them. 

The  doctrine  of  Vigilance,  if  I  may  so  call  the 
idea  or  principle  embodied  in  the  term  vigilance  com- 
mittee, is  that  the  people,  or  a  majority  of  them, 
possess  the  right,  nay,  that  it  is  their  bounden  duty, 
to  hold  perpetual  vigil  in  all  matters  relating  to  their 
governance,  to  guard  their  laws  with  circumspection, 
and  sleeplessly  to  watch  their  servants  chosen  to  exe- 
cute them.  Yet  more  is  implied.  Possessing  this  right, 
and  acknowledging  the  obligation,  it  is  their  further 
right  and  duty,  whenever  they  see  misbehavior-  on 
the  part  of  their  servants,  whenever  they  sec  the 
laws  which  they  have  made  trampled  upon,  distorted, 
or  prostituted,  to  rise  in  their  sovereign  privilege  and 
remove  such  unfaithful  servants,  lawfully  if  possible, 
arbitrarily  if  necessary.  The  law  must  govern,  ab- 
solutely, eternally,  say  the  men  of  vigilance.  Suffer 
inconvenience,  injustice  if  need  be,  rather  than  at 
teni])t  illegal  reform.  Every  right-minded  man 
recognizes  the  necessity  of  good  conduct  in  human 
associations,  to  secure  which  experience  teaches  that 
rule  is  essci>tial.  In  a  free  republican  form  of  gov- 
ciument  every  citizen  contributes  to  the  making  ol 
the  laws,  and  is  interested  in  seeing  them  executed  and 
obeyed.  The  good  citizen,  above  all  others,  insists 
tliiit  the  law  oi  the  land  shall  Ije  roi^arded.  But  to 
havi!  law,  statutes  must  bo  enacted  by  the  people;  gov- 
I'liiiiicuts  must  be  administered  by  representatives  of 
the  people;  officials,  to  be  officials,  must  be  chosen  by 
th(j  ]»oople.  Lav;  is  the  voice  of  tlie  ])eople.  Now  it 
is  not  tlic  voice  of  the  people  tliat  vigilance  would  dis- 
regard, ))ut  the  voice  of  corrupt  officials  and  bad  men. 
Law  is  the  will  of  the  connnunity  as  a  whole;  it  is 
therefore  omnipotent.  When  law  is  not  omnipotent, 
it  is  nothing.  This  is  why,  when  law  fails— that  is  to 
say,  when  a  power  rises  in  society  antagonistic  at  once 


10 


ABERRATIONS  OF  JUSTICE. 


to  statutory  law  and  to  the  will  of  the  people — the 
people  must  crush  the  enemy  of  their  law  or  be 
crushed  by  it.  A  true  vigilance  committee  is  this 
expression  of  power  on  the  part  of  the  people  in  the 
absence  or  impotence  of  law.  Omnipotence  in  rule 
l)cing  necessary,  and  law  failing  to  be  omnipotent,  the 
element  here  denominated  vigilance  becomes  omnipo- 
tent, not  as  a  usurper,  but  as  a  friend  in  an  emergency. 
Vigilance  recognizes  fully  the  supremacy  of  law,  flics 
to  its  rescue  when  beaten  down  by  its  natural  enemy, 
crime,  and  lifts  it  up,  that  it  may  always  be  supreme; 
and  if  the  law  must  be  broken  to  save  the  state, 
then  it  breaks  it  soberly,  conscientiously,  and  under 
the  formulas  of  law,  not  in  a  feeling  of  revenge,  or 
in  a  manner  usual  to  the  disorderly  rabble. 

Surely  vigilance  has  no  desire  to  liamper  legislation, 
to  interfere  with  the  machinery  of  courts,  to  meddle 
in  politics,  to  alter  or  overthrow  the  constitution,  or 
to  usurp  supreme  authority.  Its  issue  is  with  the 
mal-administration  of  government,  rather  than  witli 
government  itself  Its  object  is  to  assist  the  law,  to 
see  the  lav/  righteously  executed,  to  prevent  perver- 
sion of  the  law,  to  defeat  prostitution  of  the  law,  and 
not  to  subvert  or  debase  the  law.  And  to  accomplish 
its  purpose,  it  claims  the  riglit  to  resort  to  unlawful 
means,  if  necessary.  Therefore  it  is  easy  to  see  that 
the  vigilance  principle  does  not  spring  from  disrespect 
for  law.  Wherever  law  has  been  properly  executed 
there  never  yet  was  a  vigilance  committee.  The 
existence  of  a  vigilance  organization  is  a  priori  proof 
of  the  absence  of  good  government.  No  well-bal- 
anced, impartial  mind  will  condemn  the  existence  of  a 
vigilance  committee  in  the  absence  of  properly  exe- 
cuted law;  no  rifjht-thinkinfj  man  will  for  a  moment 
countenance  a  vigilance  organization,  could  such  a 
thing  be,  in  the  presence  of  good  laws,  well  executed. 

Thus  defined,  the  principle  of  vigilance  takes  its 
))laoe  above  formulated  law,  which  is  its  creature,  and 
is  directly  antagonistic   to   the  mobile  spirit  which 


THE  PRINCIPLE  OF  VIGILANCE. 


11 


)ple — the 
\v   or   be 
',e  is  this 
pie  in  the 
e  in  rule 
otent,  the 
3  omnipo- 
nergency. 
'  law,  ilics 
■al  enemy, 
supreme ; 
the   state, 
md  under 
evenge,  or 

cgislation, 
to  meddle 
itution,  or 
;  with  the 
than  with 
:he  law,  to 
snt  pervcr- 
le  law,  and 
accomplish 
,0  unlawful 
to  see  that 

I  disrespect 
y  executed 
ttee.  Thf) 
riori  proof 
o  well-bal- 
istence  of  a 
iperly  exe- 

a  moment 
aid  such  a 

II  executed, 
e  takes  its 
■oature,  and 
pirit  which 


springs  from  passion  and  contemptuously  regards  all 
law  save  the  law  of  revenge.  While  claiming  the  full 
right  of  revolution,  it  does  not  choose  to  use  it,  be- 
cause it  is  satisfied  with  the  existing  forms  of  govern 
ment.  I  do  not  like  the  term  impermm  in  imperio,  so 
often  applied  to  it.  Vigilance  is  the  guardian  of  the 
government,  rather  than  a  government  within  a  gov- 
ernment. This,  then,  is  vigilance;  the  exercise  in- 
formally of  their  rightful  power  by  a  people  wholly 
in  sympathy  with  existing  forms  of  law.  It  is  the 
same  inexorable  necessity  of  nature  which  civilization 
formulates  in  statutes,  codes,  and  constitutions  under 
the  terms  law  and  government,  but  acting  unrestrict- 
edly, absolute  will  being  its  only  rule.  The  right  is 
claimed  by  virtue  of  sovereignty  alone.  Under  nature 
man  is  his  own  master.  As  God  cannot  make  a  being 
superior  to  himself,  so  society  cannot  establish  rules 
for  its  convenience  which  the  central  power  or  ma- 
jority of  the  people  have  not  the  right  at  any  tim(3 
or  in  any  manner  they  see  fit  to  disregard  or  annul. 

Moreover,  between  the  terms  mob-violence  or  lyncli- 
law  and  visrilance  committees  there  is  this  further  dis- 
tinction:  they  are  often  one  in  appearance,  thougli 
never  one  in  principle.  Often  the  same  necessities  that 
call  forth  one  bring  out  the  other ;  though  in  execu- 
tion one  is  as  the  keen  knife  in  the  hands  of  a  skilful 
surgeon,  removing  the  putrefaction  with  the  least  pos- 
sil)le  injury  to  the  body  politic,  the  other  the  blunt 
instrument  of  dull  wits,  producing  frequent  defeat  and 
disaster.  The  mobile  spirit  is  displayed  no  more  in  a 
i'es})octablc  and  well-organized  committee  of  vigilance 
than  in  a  court  of  justice.  There  is  no  more  resent- 
ment, no  more  furious  desire  to  destroy  a  hated  object 
in  the  one  than  in  the  other.  Scrutinize  as  you  will 
the  character  and  conduct  of  the  higher  of  these  tri- 
bunals, and  you  fail  to  discover  any  of  the  elements 
of  an  uncontrolled  mob.  Time  enough  they  take  for 
elil)eration,  tune  enough  for  conscience  and  duty  to 
be  fully  heard;  then,  with  the  sacred  })rinciples  of  truth 


12 


ABERRATIONS  OF  JUSTICE. 


? 


[ 


i!  ■■ 


and  justice  before  them,  feeling  that  the  eye  of  their 
maker  and  of  all  mankind  is  upon  them,  their  minds 
oiade  up,  they  act  with  cool,  determinate  courage. 

Again,  although  vigilance  and  mobocracy  have  in 
principle  little  in  common,  they  are  sometimes  found 
assuming  much  the  same  attitude  toward  law  and 
toward  society.  Both  set  up  their  will  in  opposition 
to  legally  constituted  authorities ;  both  break  the  law, 
bid  defiance  to  the  law,  and  if  it  still  stand  in  their 
way,  snap  their  fingers  in  the  face  of  law.  The  ob- 
ject of  their  members  in  associating  is  that  they  may 
be  stronger  than  the  officers  of  the  law;  in  the  eyes 
of  the  law  both  are  equally  criminal,  both  are  banded 
brawlers, murderers, traitors.  Both  tyrannize  tyranny, 
rule  their  rulers,  and  become  a  law  unto  themselves. 
Yet  tliere  are  these  further  differences  between  them : 
(3ne  aims  to  assist  a  weak  entrammelled  government, 
whose  officers  cannot  or  will  not  execute  the  law;  thi' 
other  breaks  the  law  usually  for  evil  purpose.  One  is 
based  upon  principle,  and  the  other  upon  passion.  One 
will  not  act  in  the  heat  of  excitement;  the  other  tlir<)\\s 
deliberation  ti:)  the  wind.  One  is  an  orsjanization  offi- 
cered  by  its  most  efficient  members,  aiming  at  public 
woll-beini^,  and  actinc:  under  fixed  rules  of  its  own 
making;  the  other  is  an  unorganized  rabble,  acting 
under  momentary  delirium,  the  tool,  it  may  be,  of 
j)olitical  demagogues,  tlie  victim  of  its  own  intemper- 
ance. Underlying  the  actions  of  the  one  is  justici;; 
of  the  other  revenge.  This  constitutes  tlie  difference, 
and  by  this  standard  we  may  distinguish  one  from  tlie 
other;  wherever  we  find  a  bodv  of  armed  memlx)i-s 
of  the  connnunity  acting  contrary  to  law  or  in  opposi- 
tion to  officers  of  tlie  law,  be  it  composed  of  the  best 
citizens  or  the  worst,  be  its  existence  a  necessity,  its 
acts  productive  of  social  well-being,  or  otherwise,  if  it 
is  an  organized  band,  acting  under  fixed  rules,  acting 
with  coolness  and  deliberation,  with  good  intentions, 
determined  to  promote  rather  than  to  defeat  the 
ends  of  justice,  such  a  body  is  what  upon  the  Pacific 


1 

I?- 


Uk 


THE  EVILS  OF  MOB  LAW 


1^ 


y^e  of  their 
leir  minds 
3urage. 
y  have  in 
mcs  found 
I  law  and 
opposition 
\k  the  law, 
id  in  their 
The  ob- 
:  they  may 
n  the  eyes 
ire  banded  ' 
ie  tyranny, 
licmsclves. 
t^een  them : 
3vernment, 
le  law;  tlu' 
se.     One  is 
^sion.    One 
[her  throws 
zation  ofti- 
at  public 
)f   its  own 
ble,  actinin' 
lav  be,  ot" 
intem})er- 
is  justice; 
difference, 
e  from  tlie 
memliei's 
in  opposi- 
f  the  best 
cessity,  its 
rwise,  if  it 
es,  acting 
ntentions, 
lefeat   the 
he  Pacific 


Coast  has  become  to  be  known  as  a  Committee  of 
Vio-ilance.  Though  it  may  have  tiie  same  object  in 
view,  and  though  it  may  accomplish  the  same  results, 
if  the  body  or  association  be  not  organized  or  offi- 
cered, if  it  be  without  constitution,  by-laws,  rule,  or 
regvdation,  acting  under  momentary  excitement  or  in 
the  heat  of  passion,  careless  of  the  administration  of 
justice,  swayed  only  by  resentment,  intent  on  making 
a  (lis)ilay,  infuriate,  unreasonable,  vengeful,  it  is  a 
mob,  though  composed  of  doctors  of  divinity. 

It  was  interesting  to  note  when  President  Garfield 
was  assassinated  how  many  staid,  respectable  citizens, 
how  many  officers  of  the  government,  how  many 
women  and  clergymen,  were  in  favor  of  taking  Guiteau 
from  prison  and  tearing  him  in  pieces.  That  was  the 
spirit  of  mobocracy,  a  spirit  which  the  true  vigilance 
committee  frowns  on  and  is  the  first  to  put  down. 

Thus  we  see  that  in  this  display  of  the  arbitrary  ad- 
ministration of  justice,  where  some  indeed  may  think 
they  perceive  the  morto  2>opolarmente  of  Machiavelli, 
there  are  many  aspects,  not  all  alike  commendable 
or  condemnable.  In  its  highest  and  most  perfect 
state,  its  object  is  to  preserve  the  sanctity  of  morals, 
and  to  vindicate  the  supremacy  of  law  by  the  over- 
throw of  lawless  law-makers  and  legally  appointed 
official  swindlers,  together  with  the  just  punishment, 
after  dispassionate  examination,  of  felons  who  were 
shielded  rather  than  jiunished  by  the  subverting  and 
inefficient  execution  of  the  law.  From  this  higli  moral 
standpoint  the  modern  popular  tribunal  descends 
in  its  severalities  through  every  grade  of  mingled 
equity  and  imposition,  until  in  its  consequences  it 
sometimes  sinks  into  the  fostering  and  extenuating  of 
mob-violence,  the  prostituting  of  public  morals,  dis- 
respect for  statutory  law  and  stable  forms  of  gov- 
ernment, into  popular  rather  than  just  prosecutions, 
informal  and  unfair  convictions,  barbarous  butcheries 
and  public  assassinations,  and  an  ever  increasing 
thirst  for  the  blood  of  victims — in  a  word,  into  tho 


u 


ABERRATIOXS  OF  JUSTICE. 


lowest  forms  of  mobocracy.  Such  are  some  of  the 
differences  between  ii  telligent  and  high-minded  vigi- 
lance organizations,  whose  acts  have  been  carefully 
considered  and  conscientiously  performed,  and  the 
blood-drunken  orgies  of  frontier  lynch-law  executions. 

The  Englishman  Wyse,  writing  of  America  in 
1 84G,  failed  to  discover  in  the  highest  and  purest  pop- 
ular tribunal  aught  else  than  the  preposterous  claim 
of  the  low,  ignorant,  and  irresponsible  rabble  to  the 
control  of  the  government.  This  is  scarcely  to  be 
wondered  at  when  we  see  how  easily  even  error  and 
injustice  become  things  too  sacred  to  be  tampered 
with  when  enshrined  in  law.  There  are  few  instances 
in  Amer'ca  where  a  mob  has  sought  to  usurp  the  go\- 
ernment. 

ivir  Wyse  does  not  state  the  case  fa'"ly.  A  mol) 
composed  of  a  majority  of  the  people,  as  he  puts  it, 
is  not  a  mob.  I  say,  a  majority  of  the  respectable, 
intelligent,  order-loving,  and  law-making  portion  of 
the  people  is  not  the  mobile  vulgus,  or  movable  com- 
mon people,  by  which  name  from  time  immemorial  a 
disorderly  crowd  convened  for  riotous  purpose  has 
been  known.  Nor  did  I  ever  hear  of  a  riotous  major- 
ity of  any  people  claiming  the  right  to  overthrow  their 
own  laws  for  evil  purpose,  and  wage  illegal  waifare 
against  themselves  and  to  their  own  destruction. 
Mobs  are  not  composed  of  individuals  calmly  asso- 
ciating foi'  the  purpose  of  self-sacrifice  for  the  benefit 
of  the.  community,  but  rather  for  those  who  would 
sacrifice  the  cormiunity  for  self.  Government  under 
the  banners  of  liberty  and  progress  is  as  strong  as 
the  people  constituting  it,  and  never  by  any  possi- 
bility can  it  be  stronger  until  the  people  go  back  to 
their  ancient  superstition.  The  government  of  the 
United  States,  in  its  fundamental  principles,  Mr 
Wyse  calls  weak,  because  founded  on  the  vacil- 
lating will  of  the  people.  This  is  fallacy.  Only  the 
strong  and  intelligent  can  live  together  under  a 
so-called  weak  government.     In  becoming  strong  and 


LAW  REFORM  NECESSARY. 


15 


me  of  the 

nded  vigi- 

i  carefully 

and   the 

xecutions. 

merica  in 

urest  pop- 

'ous  claim 

ble  to  the 

;ely  to  be 

error  and 

tampered 

instances 

)  the  gov- 

A  mol> 
e  puts  it, 
spectable, 
)ortion  of 
able  com- 
emorial  a 
pose  has 
us  major- 
row  their 
1  waifaro 
truction. 
nly  asso- 
e  benefit 
10  would 
nt  undei- 
trong  as 
ly  possi- 
back  to 
t  of  the 
►les,    Mr 
le   vacil- 
3nly  the 
under   a 
ong  and 


I 


^* 


m 


intelligent,    men   invariably   emancipate   themselves 
from  the  tyrannies  of  form.     I  fail  to  perceive  how  a 
government,  whose  principles  are  deep-rooted  in  the 
hearts  of  strong  men,  can  be  inherently  weaker  than 
one  overawed  by  ancient  superstitions.     The  mobs 
and  riots  of  old  countries  are  usually  for  the  attain- 
ment of  some  real  or  imaginary  right   denied   the 
people  by  their  rulers;    those  of  new  communities 
spring  mainly  from  the  failure  of  rulers  to  execute 
tlie  laws.     Particularly  has   this  been   the  case  on 
the   frontier  of   the  United  States,  although  wran- 
glings  over  African   slavery   and   free-love   religion 
have  sometimes  been  attended  by  riotous  demonstra- 
tions.    As  a  rule,  however,  the  people  of  the  great 
republic  are  and  have  been  satisfied  with  their  laws, 
and  only  wish  to  see  them  properly  enforced.     After 
a   senseless    tirade  against   the  United    States,   "in 
wliose  social  and  political  system  were  deep-seated 
and  early  sown  the  seeds  of  angry  discord,  of  turbu- 
lence and  crime,"  Mr  Wyse  admits  "that  there  may 
be  some  excuse,  in  the  absence  of  law,  for  men  to  adopt 
some  rule  for  their  own  preservation,"  which  is  all  the 
right  ever  claimed  by  our  system  of  vigilance.     And 
these  of  our   own  people  who  cry  against  vigilance 
oonimittees  and  call  them  mobs,  their  members  rioters 
and  insurrectionists,  their  acts  rabble  justice,  and  their 
executions   murder,  were   it  not  better  they  should 
tiini  their  attention  to  the  root  of  the  matter  and  rec- 
ti ty  the  necessity  that  engenders  them?      Strip  from 
law  its  trammels,  its  hypocrisy,  humbug,  and  technical 
(;liicauery,  and  mete  the  evil-doer  quick  and  certain 
punishment,  and  the  sombre  shadow  of  vigilance  will 
no  move  darken  our  portals.    It  is  a  standing  reproach, 
both  to  tlic  intelligence  and  to  the  integrity  of  our  law- 
makers and  our  law-ministers,  that  a  moneyed  criminal, 
by  extra-judicial  strategy  on  the  part  of  hired  advo- 
cates, and  a  species  of  legal  legerdemain,  can  so  suc- 
cessfully thwart  justice  and  escape  punishment. 
Before  there  can  be  any  step  taken  toward  moral 


1ft 


ABERRATIONS  OF  JUSTICE. 


reform,  the  moral  sense  of  the  community  must  be 
awakened.     Seldom  is  the  moral  sense  raised  against 

•  •  • 

a  bad  man,  even,  until  he  commits  some  crime  such  as 
the  law  takes  cognizance  of  and  openly  jioints  out  as 
bad.  To  detect  crime  without  the  aid  of  laAv  must 
be  yet  more  difficult.  What  shall  we  say  then,  what 
must  be  the  state  of  things,  the  provocation,  when  in 
a  community  of  law-loving  men  not  given  to  j^rudisJi- 
ness  in  morals,  not  given  to  jealousy  of  their  lulers, 
dormant  moral  sense  is  so  roused  as  to  single  out  crime, 
and  to  seize  and  strangle  it  despite  of  awe-inspiring 
law,  and  in  direct  antagonism  to  officers  of  the  law? 
Here  we  see  law  restraining  law-makers  in  their  vir- 
tuous  eftbrts  and  shielding  the  lawless.  This  inter- 
ference  of  government  in  personal  affairs,  protecting 
a  man  against  himself  while  failing  to  protect  liim 
against  others,  is  one  of  the  anomalies  of  our  political 
system. 

It  is  to  the  San  Francisco  Vigilance  Committee  of 
185G,  as  distinguished  from  any  other  popular  up- 
rising in  California  or  elsewhere,  that  the  principle  of 
vigilance  owes  its  incarnation  and  recognition;  for  it 
is  a  recognized  principle  on  these  Pacific  shores,  if 
nowhere  else ;  it  is  here  a  common  law  of  the  land.  Its 
existence  as  a  principle  is  due  to  that  occasion,  though 
its  origin  was  elsewhere,  because  the  leaders  of  that 
movement  first  raised  it  to  and  recognised  it  as  a  prin- 
ci})le.  Law-breakers  and  law-exterminators  there  have 
been  many;  but  never  before  in  the  history  of  human 
progress  liave  we  seen,  under  a  popular  form  of  gov- 
ernment, a  city-full  rise  as  one  man,  summoned  by 
almighty  conscience,  attend  at  the  bedside  of  sick  law 
as  J  laving  a  right  there,  and  perform  a  speedy  and 
almost  bloodless  cure,  despite  the  struggles  of  the 
exasperated  patient. 

There  have  not  been  wanting  those  of  extreme 
views  to  come  forward  and  claim,  even,  that  to  this 
movement  of  185G  jurisprudence  owes  a  new  principle, 
morality  a  new  standard,  and  mind  a  new  departure. 


must  be 
1  against 
0  such  as 
;s  out  as 
a.w  must 
en,  what 
when  in 
]>fudish- 
ir  rulers, 
ut  crime, 
inspiring 
the  law^ 
:heir  vir- 
us inter- 
rotecting 
tect  liim 
poHtical 

iiittee  of 

ular  up- 

nciple  of 

n;  for  it 

lores,  if 

md.    Its 

though 

of  that 

ls  a  prin- 

ere  have 

human 

of  ijrov- 

oned  by 

sick  law 

cdy  and 

of  the 

extreme 
to  this 
rinciple, 
parture. 


IN  THE  SOUTHERN  STATES.  17 

If  in  the  forces  regulating  human  activities  the  move- 
ment means  anything,  it  points  significantly  to  a  nioral 
and  beneficial  human  power  superior  to  the  power  form- 
ulated and  restricted  by  constitutions  and  statutes. 
If  the  movement  means  anything,  if  it  accomplished 
anything,  if  its  results  remain  to-day  treasured  in  the 
storehouse  of  valuable  experiences,  it  points  signifi- 
cantly to  a  morality  superior  to  that  of  fashion,  and 
to  the  freeing  of  mind  from  another  of  its  fetters.  In 
social  ethics  room  must  be  made  for  the  principle  of 
vi^i-ilance,  and  governments  must  be  taught  to  recog- 
iiizo  it.  So  some  believe ;  but  it  is  the  tendency  of  the 
undisciplined  mind  to  fall  into  excess.  The  principle 
is  always  existent,  in  greater  or  less  degree,  in  all  \n'o- 
gressive  peoples;  its  presence  here  in  higher  and  holier 
])roportions  than  ever  elsewhere  displayed  is  all  we 
can  justly  claim  for  it. 

Memphis,  Tennessee,  with  its  men  of  mighty  beards, 
of  cowhide  boots  and  bowie-knives,  was  once  famous 
as  a  boat-landing  where  captains  stopped  to  hang 
offending  travellers.  In  South  Carolina  many  years 
ago  the  colonists  rose  and  drove  out  the  unprincipled 
Seth  Sothel,  who  had  misruled  them  for  six  years. 
Texas  had  its  Regulators  and  Moderators,  corre- 
sponding somewhat  remotely  to  our  Vigilance  Com- 
mittee, and  Law  and  Order  party,  and  in  the  country 
adjacent  to  the  Sabine  River,  between  1838  and  1841, 
they  often  met  in  deadly  encounter.  Kangaroo  courts 
is  a  later  name  for  the  lynching  tribunals  of  this 
quarter,  so  designated  from  the  attitude  in  which  the 
judges  fling  themselves  upon  the  grass  round  the 
culpi-it. 

During  the  days  of  boat-and-mule  transit  crime  was 
prevalent  on  the  Panamjl  Isthmus.  On  the  robbery 
of  a  specie  train,  in  September,  1851,  the  people  of 
Panamil  declared  strongly  in  fixvor  of  a  vigilance 
committee  organization  for  the  purpose  of  clearing 
the  Isthmus  of  highwaymen. 

Pop.  TniB.,  Vol.  I.    2 


» 


ABERRATIONS  OF  JUSTICE. 


i 


In  the  early  days  of  June,  1858,  a  vigilance  com- 
mittee was  organized  in  the  city  of  New  Orleans,  a 
disturbed  and  revolutionary  condition  of  society,  simi- 
lar to  that  which  prevailed  in  San  Francisco  in  the 
memorable  era  of  1856,  seeming  to  render  the  move- 
ment necessary.  The  municipal  offices  were  in  the 
hands  of  corrupt  and  unscrupulous  politicians,  and 
ruffians  ruled  the  day.  An  allopathic  dose  of  vigi- 
lance was  undoubtedly  demanded  by  the  exigency  of 
the  case,  and  the  citizens  undertook  to  administer  it 
after  the  swift  and  bloody  formula  that  had  been 
adopted  by  the  young  city  at  the  Golden  Gate.  The 
affair  struck  the  citizens  of  so  old  a  society  as  New  Or- 
leans with  alarm,  and  for  a  time  excitement  ran  high. 
After  some  manoeuvring  the  mayor  surrendered  con- 
trol of  affairs  into  the  hands  of  the  committee,  but  for 
some  reason  the  organization  failed  to  work  any  material 
good  to  the  community.  The  movement  was  charged 
upon  the  American  party  as  a  political  stratagem — at 
any  rate,  after  a  few  days  of  feverish  uncertainty  the 
committee  disbanded  without  having  performed  any 
labor  further  than  forcing  the  mayor  to  swear  in  the 
members  of  the  committee  as  an  extra  police  force.  The 
city  election  transpired  on  the  7th  of  June,  and  the 
result  did  not  seem  to  indicate  that  the  Vigilants,  as 
I  shall  take  the  liberty  of  calling  the  men  of  vigilance, 
were  sustained  by  the  people. 

The  Spaniards  in  Mexico  knew  little  of  popular  tri- 
bunals, breaking  the  law  for  their  own  benefit  almost 
at  pleasure  in  early  times,  and  later  plotting  the 
downfall  of  the  existing  government  rather  than  rally- 
ing to  its  aid.  British  Columbia  has  witnessed  few 
unlawful  demonstrations  on  the  part  of  the  people, 
law  always  having  been  strong  on  the  Fraser,  and  pun- 
ishment sure.  Other  British  colonies  have  not  been 
so  fortunate. 

Notwithstanding  the  well-organized  colonial  go\- 
ernment  existing  previous  to  and  at  the  time  of  the 
discovery  of  gold  in  Australia,  lynch-law  was  soon  ram- 


VIGILANCE  IN  AUSTRALIA. 


11) 


pant  in  the  Victoria  gold-fields,  which  at  first  were 
beyond  the  immediate  influence  of  the  government. 
The  same  cau.scs  led  to  the  reign  of  terror  there,  as 
Chief  Justice  A'Beckett  called  it,  that  are  found  in 
most  new  settlements — laxity  of  law  and  inexorable 
necessity.  With  uplifted  hands  and  horror-stricken 
visage,  the  English  immigrant,  having  in  reverence  the 
wigs  and  woolsacks  of  his  native  island,  cries:  "God 
forbid  that  I  should  so  profane  the  law."  Yet  when 
his  cabin  is  robbed,  and  there  is  no  minister  of  justice 
at  hand,  he  soon  learns  to  catch  and  hang  a  thief  with 
as  hearty  a  good  will  as  ever  bushman  struck  boar. 

A  vigilance  committee  organized  at  Sydney,  in 
order  to  avoid  the  stigma  attached  to  the  term  in 
motlier  countries,  proposed  to  call  the  associati>^u 
the  Private  Watch.  This  euphemism,  adopted  for 
the  benefit  of  sensitive  conservatives,  did  not  mei;t 
the  approval  of  the  community.  Here  is  what  the 
Peoples  Advocate  of  New  South  Wales  says  of  it, 
February  19,  1853: 


Don  ram- 


"  Wo  would  recommcud  the  good-hearted  fellows  who  are  starting  this 
movement  to  take  the  name  which  has  already  acquired  for  its  cfEcicncy  !i 
world-wide  celebrity ;  ii  name  which  lias  thoroughly  purged  a  great  country 
of  its  imported  vagabonds,  and  struck  terror  into  the  hearts  of  ruffians  who 
liad  braved  the  tyrainiy  of  penal  settlements  and  every  punishnieut  which  the 
law  could  suggest.  There  is  a  meanuig  attached  to  the  name  of  the  vigilauci- 
committee  which  will  carry  some  weight  with  it  when  the  Private  Watcli 
would  be  looked  upon  with  contemptuous,  ridicule.  It  is  unnecessary  to  remind 
people  of  the  origin  of  the  vigilance  committee ;  the  whole  world  knows  it,  l)ut 
of  its  ellects  few  people  are  fully  aware  who  have  not  been  in  California.  Botli 
before  its  appointment  and  after  its  suspension  midnight  murderers  paraded 
the  streets  iu  defiance  of  the  law.  Fire-raising  was  held  to  be  an  almost  un- 
punisliablo  offence,  because  of  the  difficulty  of  its  detection  and  the  wcakiu'ss 
of  the  ann  of  constituted  authority.  It  was  one  of  the  subsidiary  stratagems 
of  the  Van  Dieman's  Land  and  Sydney  thieves.  Gambling-houses  were  kept 
open  at  all  hours  of  the  night ;  no  hand  was  uplifted,  no  voice  raised  to  smite 
their  iniquity.  The  foul  toadstools  were  suffered,  un trampled  upon,  to  pollute 
society  with  their  pestilential  presence,  until  they  became  not  only  hideous 
deformities,  whicli  gambling-houses  under  any  restriction  must  be,  but  until 
their  iniquity  became  so  great  that  they  were  the  avowed  and  recognized 
harbors  of  refuge  for  murderers,  robbers,  thieves,  and  every  vicious  wretch 
who  chose  to  avail  himself  of  their  sanctuary.     Constables  were  defied ;  every 


80 


ABERRATIONS  OF  JUSTICK. 


attcnii)t  to  supprcsa  tho  common  villainy  by  ordinary  means  failed.  Ncces- 
aity  for  mutual  protection  had  at  length  rccuurso  to  tho  memorable  expedient 
of  appointing  among  themsclvea  a  committee  of  the  citizens  to  detect  and 
punish  crime ;  and  these  men,  taking  to  tliemselvca  tho  memorable  name  of 
vigilance  committee,  almost  instantaneously  cnislied  tho  atrocious  hydra. 
Tl\c  very  name  of  that  committee  terrified  tho  ruffians  who  previously 
triumphed  over  society.  Their  haunts  wer*?  broken  up,  their  infamous  organi- 
zation was  prostrated,  and  peace  at  once  restored  by  tho  expulsion  of  tliu 
scoundrels  who  an:  now  in  Sydney,  and  agauiat  whom  we  arc  culled  upon  to 
act.  Robberies  of  the  person  are  becoming  frightfully  prevalent,  and  detec- 
tion extremely  rare;  life  and  property  are  without  protection  of  any  kind, 
and  tlio  whole  city  is  at  tho  mercy  of  numerous  bands  of  experienced  thieves 
and  cutthroats.  Under  such  a  fearful  state  of  disorder,  it  behooves  tho  citi- 
zens to  bestir  themselves ;  for  if  they  do  not  protect  themselves,  tliero  appears 
to  bo  no  disposition  on  tho  part  of  tho  Executive  to  do  anything  in  their 
behalf.  It  boa  therefore  become  imperative  on  the  inhabitants  to  organize  a 
vigilance  committee  for  the  city.  Small  bands  of  volunteers,  armed  witii 
revolvers,  will  purge  Sydney  of  her  miscreants.  Wo  have  no  hesitation  in 
saying  that  within  a  month  every  villain  now  at  large  would  be  lodged  in 
gaol,  or  otherwise  disposed  of  so  as  to  be  no  longer  an  object  of  fear  or  a 
source  of  alarm.  A  vigilance  committee  for  Sydney  will  be  not  only  necos- 
sary,  bat  e£fectual,  and  its  very  name  will  strike  where  its  arm  cannot  reach." 


Thus  in  new  and  intelligent  communities,  whence- 
soever  their  origin  and  wheresoever  situated,  we  see 
appearing,  as  it  is  needed,  this  principle  of  Vigilance, 
which  like  a  benignant  deity  delivers  its  votaries  from 
evil  and  destruction. 


CHAPTER  II. 


POPULAR  TRIBT7NALS  AND  POPULAR  GOVERNMENT. 

VigiLmtibus,  non  dormientibus,  servit  lex. 

Op  all  the  classical  abnormities  that  characterized 
the  gold-gathering  age  of  California,  popular  tribu- 
nals \  '^cre  the  most  startling.  As  long  as  the  aberra- 
tions of  society  were  confined  to  individual  members, 
or  appeared  only  in  business,  religious,  or  domestic 
affairs;  as  long  as  causations  were  easily  traced  and 
results  tacitly  accepted,  social  and  commercial  irregu- 
larities, such  as  undue  dissipation,  suicide,  fires  and 
failures,  speculation,  gambling,  and  gold-digging,  soon 
l)ecamo  to  be  regarded  as  part  of  the  new  economy 
incident  to  the  new  life  and  its  strange  environment. 
Even  a  murder,  now  and  then,  or  in  the  mines  a  hang- 
ing scrape,  was  not  an  object  of  alarm.  Every  man 
carried  a  pistol;  whiskey  was  fiery;  shooting  was  easy; 
and  it  was  no  wonder  that  now  and  then  a  man  was 
hurt. 

But  when  crime  assumed  giant  proportions,  over- 
shadowing commerce,  intercourse,  and  industry,  and 
when  the  whole  community  rose  as  one  man  to  put 
it  down,  the  attitude  of  affairs  &eemed  somewhat 
alannint;'.  What  was  it,  this  mighty  power  so  sud- 
denly ap|joaring  at  this  juncture?  In  our  indifference 
to  tradition,  and  our  wanderings  from  ancient  ways, 
we  had  cut  loose  from  many  of  the  fashions  and  for- 
malities which  we  had  been  taught  were  essential  to 
safety.  But  here  was  something  that  seemed  to 
strike  at  the  very  foundation  of  our  social  structure, 

(21) 


M 


22  POPULAR  GOVERNMENT. 

and  which  mast  shiver  the  fair  proportions  of  that 
free  government  which  all  along  the  centuries  man- 
kind had  been  chiselling  into  form  and  comeliness. 
Were  we  prepared  to  try  anarchical  experiments,  to 
throw  our  young  communities  into  a  state  of  social 
chaos,  and  abide  the  result?  Might  not  so  sweeping  a 
principle  bring  perdition? 

Many  thought  of  these  things  who  never  thought 
before.  Many  asked  for  the  first  time :  What  is  law, 
what  government?  Are  our  forms,  our  constitutions, 
our  statute-books,  and  our  tribunals,  however  en- 
tangled they  may  become,  are  they  too  sacred  for  pop- 
ular touch?  Or  if,  through  our  own  folly  or  neglect, 
the  administration  of  laws,  with  the  construction  and 
intention  of  which  we  are  content,  falls  on  incapable, 
unjust,  or  iniquitous  men;  and  if  these  men,  for  their 
further  enrichment  or  advancement,  weave  round 
themselves  such  a  web  of  legal  technicalities  and 
statutory  subtleties  as  with  perjuries,  ballot-box  stuff- 
ings, and  assistant  hirelings  to  secure  them  in  their 
positions,  must  good  citizens  forever  refrain  from  lay- 
ing hands  on  these  Lord's  Anointed  ? 

There  are  men  high  in  intellect  and  education,  who 
hold  that  a  law  once  formally  made  by  the  people,  can- 
not rightly  be  altered  or  disregarded  by  the  people 
except  through  legislative  process.  In  the  law  itself, 
and  in  the  creating  of  it,  tlicy  say,  is  the  tacit  agreement 
of  the  people  that  they  will  not  override  or  overrule 
it  but  by  formulas  similar  to  those  that  brought  it 
into  force.  They  make  a  law  for  the  punishment  of 
those  who  break  a  law.  All  must  abide  by  the  com- 
pact, no  matter  what  the  injustice  or  emergency. 
It  were  sacrilege  otherwise.  And  yet  these  same 
persons  will  tell  you  that  the  people  are  supreme. 

Now  if  the  people  are  supreme,  they  cannot  cre- 
ate a  power  superior  to  thomselvcs  and  still  remain 
supreme.  They  cannot  bind  themselves  to  one  an- 
other in  fetters  so  strong  that  all  together,  or  the 


THE  JURIST  AND  THE  DIVINE. 


23 


ruling  majority,  cannot  instantly  break  them.  If  the 
Almighty  establishes  an  edict  or  enters  into  a  com- 
pact which  he  cannot  immediately  annul,  he  is  no  longer 
almighty.  It  may  be  righteousness  that  rules  him, 
but  he  is  ruled.  However  this  may  be,  all  the  su- 
preme powers  we  are  cognizant  of  make  and  break 
at  pleasure. 

Ask  a  jurist  if  it  be  right  ever  under  any  circum- 
stances to  break  a  law,  and  turning  from  his  book  he 
will  answer  you,  "  I  find  it  nowhere  so  written."  Ask 
him  if  statutes  and  constitutions  are  superior  to  nature 
and  necessity,  and  the  reply  is,  "  The  law  of  the  land 
shall  stand  forever,  or  until  it  be  legally  annulled  or 
changed ;  else  there  is  no  security,  no  safety,  nor  hap- 
pini«s  or  progress;  else  all  is  confusion,  chaos,  a  whirl 
of  anarchy  and  annihilation.  Atoms  cannot  hold  to- 
gether without  law;  no  more  can  individuals."  With 
lieart  and  mind  still  unsatisfied,  in  your  conscientious 
distress  to  know  the  truth,  go  to  the  divine,  to  him 
who  represents  the  power  behind  human  forms,  and 
]>ut  the  question;  and  he  reads  you  likewise  from  his 
hook,  "  Be  subject  unto  the  higher  powers ;  the  powers 
that  be  are  ordained  of  God."  Ask  him  if  the  powers 
for  evil  are  ordained  of  God,  and  he  stands  before  you 
<Uniib  with  indignant  astonishment  at  your  unhallowed 
impudence.  Now  v/e  'iio  people,  who  are  neither 
.juiist  nor  divine,  avo  world  say  that  if  Ned  McGowan, 
Murray,  Terry,  and  others  v/itli  whom  in  due  time  I 
will  make  the  reader  acquainted,  were  ministers  of 
justice  orda'ned  of  God,  then  God  ordained  some  very 
l)ad  men  judges  in  California,  and  happily  he  ordained 
a  ])eoplc  to  rise  and  drive  them  out.  "  I  know  of  no 
higher  power  than  the  constitution  of  my  country," 
exr\  IS  John  B.  Weller  in  a  burst  of  anti-vigilauco 
patriotism — which  was  unfortunate  for  Mr  Wclior. 
The  constitution  is  a  very  good  thing,  an  implement 
by  wliich  to  regulate  delegated  social  force,  for  which 
I  entertain  profound  respect,  and  before  \\1  ich  I  am 


\ 


m 


POPULAll  GOVERNMENT. 


prepared  to  bow  in  company  with  all  good  men  who 
thus  recognize  the  necessity  of  yielding  some  portion 
of  their  individual  will  for  the  benefit  of  the  whole. 
I  respect  likewise  the  steam-engine  that  carries  mo 
ten  miles  more  quickly  than  I  can  walk  one.  That 
the  people  can  create  a  power  higher  than  themselves 
is  a  palpable  absurdity,  which  it  is  idle  to  discuss. 

Ask  a  jurist  his  opinion  of  vigilance  committees,  of 
the  morality  of  such  movements,  more  particularly 
of  the  San  Francisco  Vigilance  Committee  of  1856, 
that  being  the  representative  organization  of  popular 
tribunals  in  the  Pacific  States  and  the  only  one 
of  which  there  is  much  general  knowledge,  and  the 
answer  will  be:  "Had  the  people  been  as  ready  to 
assist  the  law  as  they  were  to  disregard  it,  there  would 
have  been  no  necessity  for  a  committee  of  vigilance." 
Ask  him  if,  with  venal  judges,  knavish  custodians  of 
public  prisons,  and  an  atmosphere  rank  with  political 
corruption  pervading  courts  of  justice,  it  were  possible 
for  the  people  to  assist  law  to  the  successful  punisli- 
ment  of  crime,  and  the  answer  will  be:  "Had  they  done 
their  duty  at  primaries, at  the  polls,  as  jui'or.s,  as  citizens 
of  the  commonwealth,  there  would  have  been  no  cor- 
rupt officials  or  foul  political  airs."  Press  him  further, 
and  ask  if,  with  shoulder-strikers  reigning  in  every 
ward,  with  ballot-box  stuffers  ruling  elections,  with 
professionals  as  jurors,  witnesses,  and  bondsmen,  and 
ma<jcistrates  who  feared  the  roiinfhs  far  more  than  God 
or  good  men,  it  were  possible  for  the  people  to  do  fair 
duty  as  citizens,  and  the  answer  will  be:  "  It  was  their 
own  fault,  and  by  reason  of  their  neglect  of  duty  alone 
that  all  these  evils  had  come  upon  them."  Pump  until 
doomsday  and  this  is  all  we  shall  get  from  the  deep- 
est wells  of  leti'al  or  religious  lore. 

A  century  or  two  ago  and  this  would  have  been 
sufficient,  but  it  is  not  so  now.  We  cannot  but  feel, 
though  in  the  presence  of  august  book-magnates  who 
have  garnered  the  experience  of  the  ages,  and  upon 
whom  has  fallen  the  spirit  of  omnipotent  intelligeni'o, 


THE  PEOPLE  AT  FAULT. 


25 


nen  who 
;  portion 
le  whole, 
brries  me 
e.     That 
emselves 
cuss, 
ittees,  of 
rticularly 
of  1856, 
f  popular 
only  one 
,  and  the 
ready  to 
ere  would 
igilance." 
;odians  of 

I  political 
■e  possible 
d  punisli- 
they  done 
IS  citizens 

n  no  cor- 

II  further, 

in  every 

ons,  with 

men,  au<l 

han  God 

to  do  fair 
was  their 
uty  alone 
Limp  until 
;he  deep- 

ave  been 
but  feel, 
ates  who 
md  upon 
elligeii'v, 


-A— 


that  we  mean  one  thing  while  they  refer  to  another. 
We  cannot  but  feel  that  these  our  teachers  are  either 
stupidly  or  wilfully  olind;  that  either  they  will  not 
see  the  new  light  which  renders  transparent  the  old 
tricks  of  bigotry,  or,  beholding,  they  can  only  stop  and 
stutter.  Instead  of  answering  they  evade  the  ques- 
tion, just  as  in  the  practice  of  their  profession  they 
too  often  feel  in  duty  bound  to  prefer  jugglery  before 
justice. 

The  time  has  come  when  the  instructors  of  pro- 
gressive peoples  must  fortify  their  time-honored  posi- 
tions or  abandon  them.  Thoughtful  men  are  no  longer 
satisfied  with  artificial  enlargements,  thick-soled  shoes, 
and  cunningly  contrived  masks,  such  as  the  Greek 
actors  employed  in  increasing  their  stature  and  the 
volume  of  their  voice. 

The  gods  themselves  once  so  complained.  When 
ancient  rationalists  first  questioned  the  existence  of 
the  Olympian  deities,  Jupiter  was  in  heroics;  heaven 
shook  with  his  wrath.  "Men  are  actually  discussing," 
he  roared,  "whether  they  shall  hereafter  worship  at 
all."  "It  is  all  your  own  fault!"  exclaimed  Momus, 
the  jester  of  the  Olympian  conclave;  "the  gods  have 
brouu^it  the  trouble  on  themselves  throu<?h  a  negjlect 
«if  the;-'  <!uties."  And  Momus  is  rioht.  For  a  lyiiiu' 
])re:s-i,  ior  iniquitous  politicians  and  an  ignorant  pulpit, 
I'  r  «"lit:  ;d>surdities  of  fashion  and  the  injustice  of 
--tnciy,  .0]'  prostitutioL,  for  gambling,  for  thieving, 
tor  th  k'  uveries  of  the  scheming  capitalist,  the 
giiudiugs  of  monopolists,  and  the  swindlings  of  corpo- 
rations, the  people  have  only  themselves  to  blame,  for 
all  those  enormities  spring  from  the  people  and  exist 
only  on  the  sufferance  of  the  people.  And  as  he  is 
as  lawless  who  disvegards  law  as  he  who  overthrows  it, 
s(^  ho  is  as  immoral  who  fails  in  his  political  duty  as 
';.  who  breaks  some  social  conventionality.  It  is  a 
J  '  •'non  and  foolish  fashion  to  denounce  government 
i'v)     vils  rooted  in  the  people. 

1  admit  that  the  people  of  San  Francisco  did  not 


m 


POPULAR  GOVERNMENT. 


their  whole  duty  as  citizens;  that,  absorbed  in  their 
money-gettings  and  careless  of  the  city's  future,  they 
avoided  the  polls  and  shirked  public  responsibility. 

But  this  is  not  the  question.  Americans  and 
others,  both  before  and  since  the  time  of  which  I 
write,  have  been  guilty  of  like  neglect.  Adulterated 
as  has  been  the  stream  of  our  progress  by  enfranchis- 
ing low  foreigners  and  white-washing  ignorant  Afri- 
cans ;  prostituted  as  are  our  politics  by  charlatans  and 
demago  ^^p,  both  native  and  imported,  the  polls  and 
public  dut  er  few  attractions  to  one  whose  pride 
is  enlightent  liberty  alone,  and  who  abhors  villainy 
even  when  found  under  the  guise  of  patriotism.  The 
deep  abasement  of  our  once  so  highly  prized  preroga- 
tives, however,  offers  no  excuse  for  the  neglect  of 
distasteful  duty.  That  the  wicked  rule  is  reason  all 
the  more  that  the  righteous  should  rally. 

Yet  another  cause  existed  of  the  indifference  in 
public  affairs  manifested  by  the  people  of  San  Fran- 
cisco during  the  city's  infancy,  which  was  the  feverish 
and  unstable  character  of  the  community.  It  is  safe 
to  say  that  prior  to  1855  one  fourth  of  the  resident 
population  of  San  Francisco  changed  every  year ;  and 
that  of  those  constitutinof  the  Vijjilance  Committee 
of  185G,  not  one  in  ten  had  belonged  to  the  Com- 
mittee of  1851.  People  were  constantly  coming  and 
going,  settling  and  selling  out.  AH  was  confusion; 
few  thought  of  or  cared  for  the  welfare  of  the  young 
metropolis.  Hence,  if  the  way  to  determine  the  right 
or  wrong  of  the  action  of  the  people  of  San  Francisco 
who  in  1856  organized  themselves  a  popular  tribunal 
above  and  independent  of  law  be  in  casting  blame 
on  some  one,  on  whom  shall  it  rest?  On  those  who 
wintered  there  in  1853  or  1855,  or  on  those  who  hap- 
pened to  be  citizens  in  185G? 

Again,  men  will  not  display  the  same  zeal  and 
activity  in  public  as  in  private  affairs,  at  least  until 
public  affairs  are  conducted  more  as  are  private  affairs. 
They  will  not  volunteer  as  readily  and  persevere  as 


71 

I 


FALLACIOUS  TEACHINGS. 


27 


in  their 
Lire,  tliey 
bility. 
3ans  and 
which  I 
ulterated 
ifranchis- 
ant  Afri- 
itans  and 
polls  and 
ose  pride 
s  villainy 
im.     The 

preroga- 
eijlect  of 
'eason  all 

3rence  in 
Ian  Fran- 
feverish 
It  is  safe 
resident 
ear;  and 
)mmittee 
le  Com- 
ning  and 
onfusion; 
le  young 
the  right 
t^rancisco 
tribunal 
|ig  blame 
lose  who 
ivho  hap- 

zeal  and 
ast  until 
he  affairs, 
icvere  as 


faithfully  when  called  to  assist  the  authorities,  as  when 
acting  independently  under  their  own  organization. 
We  are  all  of  us  so  constituted  that  in  order  to  accom- 
plish anything  well  there  must  be  enthusiasm.  This 
absent,  and  man  is  but  a  machine,  and  a  very  poor 
one.  It  was  hardly  to  be  expected  that  the  workers 
of  San  Francisco  would  leave  with  alacrity  their 
shops,  their  benches,  their  banks,  and  their  counting- 
houses  to  perform  duties  which  they  had  already 
paid  public  servants  to  do.  More  particularly  would 
this  feeling  prevai  i  :n  the  absence  of  confidence  that, 
when  they  had  spent  their  time  and  money  in  the 
public  service,  in  hunting  criminals  and  delivering 
them  to  the  authorities,  speedy  and  impartial  justice 
would  be  meted.  Action  springs  from  anticipation 
of  success;  enthusiasm  languishes  under  repeated 
disappointments. 

But  what  kind  of  logic  is  this  of  our  masters? 
Whoever  before  thought  of  determining  public  policy 
by  flinging  odium  on  generations  gone  by?  For  such 
were  the  rapidly  revolving  years  of  this  pregnant 
epoch,  each  a  generation,  if  counted  by  changes  and 
events.  It  is  as  if  the  shipwrecked  mariner  imploi'ing 
assistance  from  the  shore  should  be  told :  "  Had  you 
not  put  to  sea  in  a  leaky  vessel  you  would  not  now 
need  help;"  or  as  if  a  physician  called  to  administer 
to  a  blek  person  should  answer:  "Had  your  grand- 
laiher  obeyed  the  laws  of  nature  you  would  have  no 
need  of  medicine."  The  question  was  not  what  might 
have  been  done  under  other  circumstances,  but  what 
should  these  citizens  of  San  Francisco  do  now ;  what 
was  right  for  them  to  do,  who  by  reason  of  their  own 
fault,  or  the  fault  of  those  who  had  been  citizens  be- 
fore them,  had  come  to  political  grief,  and  now  saw 
crime  grinning  destruction  upon  them. 

What  says  society  in  other  exigencies  where  the 
law  is  impotent  or  wilfully  neglectful  ?  How  stands 
the  matter  in  regard  to  the  husband  who  slays  the 
destroyer  of  his  wife's  honor,  or  the  father  who  kills 


28 


POPULAR  GOVERNMENT. 


the  betrayer  of  his  child?  They  break  the  law;  the 
law  frowns;  but  there  is  not  a  court  in  America  that 
will  capitally  convict  them.  They  do  murder;  but  no 
jury  will  adjudge  them  to  death,  and  no  judge  dare 
do  it.  Acting  as  we  do,  we  might  as  well  look  this 
subject  squarely  in  the  face,  and  then  acknowledge, 
like  men,  that  there  is  a  power,  omnipresent,  behind 
and  above  law,  and  of  which  legal  forms  are  but  the 
imperfect  expression.  This  does  not  degrade  law,  and 
is  no  attempt  to  abrogate  it.  The  law  is  the  imple- 
ment of  the  supreme  power  for  the  accomplishment 
of  a  purpose.  If  it  works  well,  it  is  for  the  benefit  of 
the  people ;  if  ill,  it  must  be  repaired  or  thrown  aside. 
If  this  can  be  done  formally,  by  edicts,  legislative 
enactments,  sheriffs,  judges,  and  the  like,  so  much  the 
better;  if  not,  then  the  ultimate  power  must  do  it  in- 
formally, and  in  its  own  way.  It  is  perhaps  too  great 
a  strain  on  human  nature  to  expect  those  who  live 
by  the  law  to  admit  that  under  any  circumstances 
the  law  may  rightly  be  broken.  What  do  we  say  of 
the  man  who  makes  his  rule  of  conduct  in  life  his 
master  and  not  his  servant?  That  he  is  a  stubborn 
dolt.  So  we  may  likewise  say  of  the  people  who 
write  their  laws  in  ink  so  indelible  that  it  is  beyond 
their  power  to  erase  them.  They  are  the  slaves  of 
their  superstition,  the  idolaters  of  the  calf  which  they 
have  made. 

In  all  this  I  am  far  from  advocating  vigilance  as  a 
substitute  for  law.  Vigilance  is  the  law's  mentor  as 
well  as  the  law's  master.  It  does  not  wish  to  over- 
throw the  law,  else  it  is  not  vigilance,  but  revolution. 
To  our  learned  friends  upon  the  bench  we  might  re- 
verse their  standing  argument,  and  with  ftir  more 
propriety  and  pertinency  say,  if  law  and  government 
were  what  they  should  be,  there  would  never  be  a 
vigilance  committee.  That  we  may  need  it  no  more 
is  the  prayer  of  all  good  citizens. 

There  are  others  whose  teachings  are  worthy  our 
attention.      Saint  Paul  says:    "We  know  that  the 


SOME  WORDS  OF  STRONG  MEN. 


29 


le  law;  the 
merica  that 
der;  but  no 
judge  dare 
11  look  this 
knowledge, 
3nt,  behind 
ire  but  the 
de  law,  and 
I  the  imple- 
uplishment 
e  benefit  of 
rown  aside. 

legislative 
o  much  the 
ist  do  it  in- 
)S  too  groat 
le  who  live 
cumstances 
)  we  say  of 

in  life  Jiis 
a  stubborn 
eople    who 

is  beyond 

slaves  (if 

which  tliev 

ilance  as  a 
mentor  as 
;h  to  over- 
revolution, 
might  i-e- 
far  more 
overnment 
lever  be  a 
t  no  more 

v^orthy  our 
that  the 


law  is  good  if  a  man  use  it  lawfully."  Plutarch 
finds  the  truth  in  "following  the  most  ancient  law  of 
nature,  which  makes  the  weak  obey  the  strong,  begin- 
ning with  God  and  ending  with  the  irrational  part  of 
creation ;  for  these  are  taught  by  nature  to  use  the  ad- 
vrtiitagfes  which  their  strength  gives  them  over  the 
weak."  Blackstone  teaches  that  "no  human  laws  are 
of  any  validity  if  contrary  to  the  law  of  nature;  and 
sucli  of  them  as  are  valid  derive  all  their  force  and  all 
tlu'ir  authority  mediately  or  immediately  from  this 
(iriginal."  Even  Machiavelli,  prince  of  princes'  ser- 
vants, is  not  far  behind  the  rest  when  he  writes: 
"Perche,  cosi  come  gli  buoni  costumi,  per  mantenersi, 
hanno  bisogno  delle  leggi;  cosi  le  leggi,  per  osservarsi, 
hanno  bisogno  de'  buoni  costumi."  And  Favart 
observes:  "Tout  citoyen  est  roi  sous  un  roi  citoyen." 
But  strongest  of  all  from  him  best  capable  of  telling 
us  the  truth.  "Let  men  learn  that  a  legislature  is  not 
our  God  upon  earth,"  says  Herbert  Spencer,  "though, 
l^y  the  authority  they  ascribe  to  it,  and  the  things  they 
expect  from  it,  they  would  seem  to  think  it  is.  Let 
them  learn  rather  that  it  is  an  institution  servino-  a 
purely  temporary  purpose,  whose  power,  when  not 
stolen,  is  at  the  best  borrowed.  .  .  .  Nay,  indeed,  have 
we  not  seen  that  government  is  essentially  immoral? 
Is  it  not  the  offspring  of  evil,  bearing  about  it  all  the 
marks  of  its  parentage  ?  Does  it  not  exist  because  crime 
exists?  Is  it  not  strong,  or  as  we  say,  despotic,  when 
crime  is  great?  Is  there  not  more  liberty,  that  is,  less 
government,  as  crime  diminishes?  And  must  not  gov- 
ernment cease  when  crime  ceases,  for  very  lack  of 
ol)jects  on  which  to  perform  its  function?  Not  only 
does  magisterial  power  exist  because  of  evil,  but  it 
exists  by  evil.  Violence  is  employed  to  maintain  it; 
and  all  violence  involves  criminality.  Soldiers,  police- 
men, and  gaolers;  sv/ords,  batons,  and  fetters,  are  in- 
struments for  inflicting  pain;  and  all  infliction  of  pain 
is  in  the  abstract  wrong.  The  state  employs  evil 
weapons  to  subjugate  evil,  and  is  alike  contammated 


30 


POPULAR  GOVERNMENT. 


by  the  objects  with  which  it  deals  and  the  means  by 
which  it  works.  MoraKty  cannot  recognize  it;  for 
morahty,  being  simply  a  statement  of  the  perfect 
law,  can  give  no  countenance  to  anything  growing 
out  of,  and  living  by,  breaches  of  that  law."  To 
which  Charles  Nordhoff  adds  his  weight  in  these  per- 
tinent words:  "Back  of  all  laws  and  all  authority 
must  lie  a  belief  that  in  the  last  resort  every  citizen 
will  defend  his  own  rights.  You  cannot  put  a  cor- 
poral's guard  at  every  man's  door.  The  thief  or 
robber  at  bottom  never  fears  the  law  and  the  govern- 
ment nearly  as  much  as  he  does  the  right  arm  and 
courage  of  the  man  he  seeks  to  injure."  What  says 
the  corner-stone  of  liberty,  our  own  Declaration  of 
Independence?  "To  secure  these  rights,  governments 
are  instituted  among  men,  deriving  their  just  powers 
from  the  consent  of  the  governed;  that,  whenever 
any  form  of  government  becomes  destructive  of  these 
ends,  it  is  the  right  of  the  people  to  alter  or  to 
abolish  it,  and  to  institute  a  new  government." 
Likewise  the  preamble  to  the  Massachusetts  con- 
stitution in  1780:  "Whenever  these  great  objects," 
namely,  liberty  and  the  protection  of  the  body  politic 
in  its  natural  rights,  "are  not  obtained,  the  people 
have  a  right  to  alter  the  government,  and  to  take 
measures  necessary  for  their  safety,  prosperity,  and 
happiness."  So  it  is  elsewhere  fifty  times  maintained. 
Indeed,  it  is  not  the  right  to  alter,  but  the  method  of 
doing  it,  that  is  questioned. 

Let  us  take  a  look  at  this  thing  called  law;  not 
alone  at  the  laws  made  by  men  for  their  own  govern- 
ance, and  by  virtue  of  which  act,  were  there  no  other, 
their  superiority  over  all  material  things  is  manifest, 
but  at  that  subtle  force  everywhere  apparent.  It  is 
not  .necessary  to  go  to  sheep-bound  books  to  find  out 
law.  Statutes  are  form  rather  than  force,  or  at  best 
force  formulated. 

The  Ionic  philosophers  saw  one  only  all-pervading 


WHAT  IS  LAW? 


31 


e  means  by 
nize  it;  for 
the  perfect 
ng  growing 
law."     To 
1  these  per- 
l  authority 
»^ery  citizen 
put  a  cor- 
le  thief  or 
the  govern- 
lit  arm  and 
What  says 
ilaration  of 
Dvcrnments 
just  powers 
,  whenever 
ve  of  these 
liter  or  to 
vernment," 
isetts  con- 
t  objects," 
ody  politic 
the  people 
to  take 
erity,  and 
aintained. 
method  of 


law;  not 
n  govern- 
no  other, 
manifest, 
nt.  It  is 
)  find  out 
)r  at  best 

lervading 


-^ 


principle  in  nature,  though  personified  in  the  minds  of 
some  by  one  element,  and  in  the  minds  of  others  by 
another.  Thus  Thales  thought  it  water,  Anaxagoras 
atoms,  Anaximenes  air,  Heraclitos  fire.  Science  and 
religion  now  go  behind  all  these  ai.'!  call  this  prin- 
ciple law;  the  one  under  title  of  the  forces  of  nature, 
the  other  under  that  of  the  will  of  God.  But  whatever 
it  is,  science  and  religion  see  it,  feel  it,  and  believe 
in  the  same  thing,  though  they  call  it  by  different 
names  and  numberless  sub-names.  We  feel  Gotl  in 
nature  and  in  ourselves;  as  the  blind  child,  feeling 
with  its  fingers  the  lineaments  of  the  face  it  loves, 
reads  thus  the  secrets  of  the  heart  behind  it.  Up- 
permost in  the  mind  of  the  jurist  are  the  written 
rules  for  the  regulation  of  human  societies;  in  the 
mind  of  the  moralist  the  unwritten  rules;  the  broader 
conceptions  of  the  scientist  refer  mankind  as  well  as 
nature  to  fixed  laws.  "Les  lois,"  says  Montesquieu, 
"dans  la  signification  la  plus  etendue,  sont  les  rapports 
necessaires  qui  derivent  de  la  nature  des  choses;  et 
dans  ce  sens,  tons  les  etres  ont  leurs  lois;  la  divinitd 
a  scs  lois,  le  monde  materiel  a  ses  lois,  les  intelligences 
superieurs  il  I'homme  ont  leur  lois,  les  betes  ont  leurs 
lois,  T'lomme  a  ses  lois." 

But  when  thus  or  otherwise  defined,  we  are  as  far 
as  ever  from  knowing  what  law  is.  A  reliofionist  like 
Hooker  places  the  seat  of  law  in  the  bosom  of  God, 
wlio  chooses  himself  to  be  influenced  by  the  laws 
which  he  establishes;  whence  arise  law-worship  and 
disputes  of  various  kinds.  The  law  of  nature,  in  its 
requirements  and  punishments,  is  the  same  whether 
it  comes  to  us  through  our  senses  and  our  reason,  or 
through  pretended  revelation.  All  that  the  most  in- 
spired can  do  is  to  throw  it  into  the  same  category 
with  all  unknowable  phenomena,  and  there  for  the 
present  leave  it.  Speculate  as  we  will,  the  cogito, 
ergo  sum  of  philosophy  is  our  bound. 

We  know  that  it  is,  and  we  know  of  it  little  else. 
Law  is  everywhere.     Sit  in  your  house,  there  rise 


POPULAR  GOVERNMENT. 


rouDcl  you  the  unwritten  obligations  between  husband 
and  wife,  parents  and  children,  master  and  servant. 
Go  out  upon  the  street,  and  at  every  turn  you  en- 
counter some  one  of  the  thousand  rules  which  regu- 
late man's  intercourse  with  man.  There  arc  laws  oC 
health,  of  business,  of  fashion,  of  pleasure.  Out  upon 
the  sea,  out  in  the  wilderness;  all  things  animate 
and  inanimate,  all  things  terrestrial  and  celestial,  all 
things  palpaple  and  impalpable,  are  under  dominion  of 
law.  By  law  worlds  whirl  and  atoms  are  held  in 
place.  By  law  suns  shine,  mountains  stand,  and  seas 
yield  their  moisture.  By  law  wands  blow",  rains  fall, 
flowers  bloom,  birds  fly,  fishes  swim,  beasts  growl, 
and  man  murders.  Under  law  all  that  is  strong  and 
dreadful  lies  bound.  Law  flings  lightning  about  the 
heavens,  cracks  the  thunder-cloud,  melts  the  shrouds 
of  winter,  and  swells  the  buds  of  spring.  From 
molecule  to  planet,  from  invisible  mist-particle  to  the 
mighty  main,  from  the  breath  of  sleeping  infant  to 
the  roaring  tempest,  all  observe  order,  office,  place, 
and  form.  Even  the  apparently  erratic  affairs  of 
men,  which  until  recently  were  regarded  as  under 
the  immediate  governance  of  free  and  reasoning  in- 
telligence, are  now,  for  the  most  part,  referred  to 
laws  as  the  mainspring  of  their  guidance.  That  most 
subtile  of  inspirations,  the  mind  of  man,  we  now  per- 
ceive to  be  balanced  by  law.  The  animate  and  rational 
is  subservient  to  the  seemingly  inanimate  and  irra- 
tional, and  by  obedience  to  these  laws  creatures  and 
things  alone  exist. 

Neither  is  it  alone  force,  but  as  it  would  seem 
intelligent  force  that  rules  this  universe.  The  crystal 
forms  not  by  the  laws  of  the  granite,  nor  the  granite 
by  the  laws  of  the  crystal.  The  plant  grows  not  as 
the  river  grows,  nor  is  man  made  as  the  mountain  is 
made.  Each  after  its  kind  fulfils  its  law.  Call  it  by 
what  name  you  will,  abstract  spiritual  agenc}^  cosmo- 
mechanical  energy,  nature  or  deity,  its  inscrutible 
sympathies  and  antipathies  are  manifested  no  less  in 


NATURE'S  LAWS. 


33 


en  husband 
id  servant, 
[•n  you  eu- 
»^liich  rcgu 
arc  laws  of 
Out  upon 
rrs  animate 
celestial,  all 
dominion  of 
ire  held  in 
id,  and  seas 
t%  rains  fall, 
;asts  growl, 
i  strong  and 
g  about  the 
the  shrouds 
■ing.     From 
rtiele  to  the 
ig  infant  to 
office,  place, 
c   affairs  of 
d  as  under 
masoning  in- 
referred  to 
That  most 
sve  now  per- 
and  rational 
te  and  irra- 
'eatures  and 

would  seem 
The  crystal 
the  granite 
TOWS  not  as 
mountain  is 

Call  it  by 
3ncy,  cosmo- 

inscrutiblo 
d  no  less  in 


blind  matter  than  in  enlightened  intellect.  Whether 
this  power  be  increate  and  eternal,  or  finite;  whether 
it  is  conceived  per  sc  and  exists  in  se,  or  is  the  result 
of  a  priori  conceptions  and  exists  per  alind,  it  is  clear 
to  all  that  system  and  design  are  among  its  most 
prominent  features. 

Further  than  this,  every  person  and  every  tiling 
imposes  laws  on  every  other  ])erson  and  every  other 
thing.  Under  force  exists  all;  physical  force,  first 
(lominator,  then  moral  force,  moral  force  being  the 
legitimate  result  of  physical  force,  the  legitimate  and 
justiliable  result,  which  makes  might  right,  else  we 
should  not  find  it  so.  Nature  is  law's  logic,  law's 
reas(3n.  Whatever  in  nature  man  finds  stronger  than 
himself  he  calls  right,  whatever  is  weaker  he  pro- 
nounces wrong.  We  do  not  ask  if  the  air  has  the 
right  to  blow  on  us,  or  the  water  to  drown  us,  or  the 
iiie  to  burn  us;  but  when  human  societies  commit 
uncontrollable  follies  they  are  anathema,  because  they 
are  susceptible  of  improvement.  In  framing  laws  for 
the  rejjfulation  of  nations  in  their  relations  one  toward 
another,  might  is  first  considered  and  then  right. 
International  law  is  little  else  than  an  attempt  to 
refine  barbarisms,  not  an  attempt  to  eradicate  them. 
Even  lawless  war  has  its  laws,  and  the  law-breaking 
duello:  likewise  lust,  and  robbery,  and  all  those  worse 
than  beastly  doings  which  cause  God  to  blush  for  man 
whom  he  has  made,  and  for  the  laws  which  so  sadly 
fail  to  secure  in  him  decency. 

Follow  nature  back  into  the  infinite,  and,  obscure  as 
are  its  operations  to  us,  w^e  yet  can  see  even  here  a 
government  under  mechanical  laws.  No  new  force  is 
found  which  may  not  have  had  exi^  *"once  from  the 
beginning,  and  neither  force  nor  mati'^v  is  distinguish- 
able in  one  world  which  may  not  be  common  to  all 
worlds.  That  is  to  say,  by  observation,  uniformity  of 
action  and  regularity  in  results  have  been  discovered 
in  nature,  and  have  been  called  laws.  The  genesis  of 
man  is  but  a  sequel  to  the  genesis  of  nature.     So 

Pop.  Tmb.,  Vol.  I.    3 


it  POPULAR  GOVERNMENT. 

linked  with  each  other  are  all  the  natural  sciences,  so 
interwoven  are  the  forces  which  govern  man  and 
nature,  that  wo  can  see  in  the  progress  of  civihzation 
only  a  continuation  of  that  process  of  evolution  every- 
where apparent  in  the  physical  world.  And  this  law 
of  naturt!  is  as  far  hack  as  we  can  go  in  searching  the 
origin  of  law.  Law  is  universal  and  singular;  whethei 
natural  or  artificial,  it  is  one  and  the  same  principle. 
The  forces  of  nature  are  diverse,  and  are  held  in 
equilibrium  by  their  antagonisms.  Some  of  them  at 
times  appear  to  act  contrary  to  the  interests  of  man, 
yet  all  fa'^or  him  when  duly  restricted  and  directed. 
Wind  and  water  may  be  trained  to  sail  ships  and  turn 
mills,  and  the  lightning  which  strikes  destruction  is 
bridled  to  carry  messages.  Society,  .at  first  free, 
accepts  self-subordination  for  the  purpose  of  subor- 
dinating others,  which  done,  it  struggles  for  freedom. 
This  partially  achieved,  it  lapses  into  yet  more  strin- 
gent restraints. 

It  appears  not  a  little  s'  e  that  of  all  created 
things  civilized  man  should  nou  be  able  to  live  in  har- 
mony with  his  kind  without  first  binding  himself  in 
social,  political,  and  theological  fetters.  In  this  respect 
he  is  more  brutish  than  brutes,  more  extravagant 
in  his  senselessness  than  inanimate  things.  As  thr 
heathen  by  the  mouth  of  Protagoras  put  it,  "Man 
was  overlooked  in  the  original  distribution  of  gifts  bv 
Epimetheus  among  mortal  creatures,  and  was  left  the 
only  base  and  defenceless  animal  in  creation;  and 
though  Prometheus  strove  to  remedy  his  brother's 
oversight  as  far  as  he  could  by  giving  him  fire  and 
other  means  of  life,  still  there  was  no  principle  of 
government,  and  man  kept  slaying  and  plundering  his 
brother  man;  till  at  last  Jove  took  pity  on  him,  and 
sent  Hermes  to  distribute  justice  and  friendship,  not 
to  a  favored  few  but  to  all  alike." 

Inanimate    things   and   irrational   creatures   must 
blindly  obey  the  law  of  nature,  but  r/(  tional  men  find 


MAN  BORN  INTO  TlOXnA«;E. 


3.-. 


sciences,  so 
man  and 
civilization 
ition  evoi'V- 
tid  this  law 
irching  tln' 
ir;  wliethov 
e  principle, 
arc  held  in 

of  them  at 
sts  of  man, 
id  directed, 
ps  and  turn 
struction  is 
,  first  free, 
se  of  subor- 
for  freedom. 

more  strin- 


■  all  created 

live  in  har- 

•  himself  in 

this  respect 

extravagant 

s.     As  thi' 


it  ic> 


•Man 


of  gifts  by 
jwas  left  tlu' 
leation ;  am  I 
lis  brother's 
lim  fire  and 
[principle  of 

indering  his 
|on  him,  and 

jndship,  not 

itures   must 
lal  men  find 


it  necessary  to  place  themselves  under  restrictions  of 
their  own  making  in  order  to  dwell  together  in  har- 
mony.    In  masses  of  progressive  men  there  {i[)pears 
to  be  a  mental  inaptitude  for  single  and  independent 
self-guidance;  and  failing  the  instincts  of  tiic  brute,  a 
code  of  conduct  must  be  marked  out  and  stamped 
with  some  sort  of  authority.    Their  well-being  left  by 
nature  partially  free,  they  must  needs  fetter  it  imme- 
diately or  their  behavior  becomes  such  as  to  bring  upon 
tliemsclves  destruction.    Should  man  some  day  become 
emancipated  from  the  law  of  nature,  he  may  hope  to 
emancipate  liimself  from  the  restrictions  which  the 
boon  of  free-will  lays  upon  him.     Even   the  beasts 
which  when  wild  might  roam   at  will,  tamed   must 
have  a  halter.     So  it  is  with  wild  and  tamed  men. 
Laws  are  the  cords  that  tie  each  person  in  his  place, 
in    proportion    as    private   and    public    intelligence 
inci'eases    the   authoilty  of   rulers    decreases.      Law 
jiiises   from    necessity,  and  not    from    the   desire   of 
individuals  for  restraint.     Though  in   everv  human 
jicrrrreijation  there  must  be  some  sort  of  subordination, 
in  the  earlier  and  incoherent  stages  it  is  verv  slight ; 
eidy    with    the    evolution    of   society    is   a    complex 
<n)vernmental  svsteni  evolved.     The  animalism  in  man 
must  be  restrained,  if  not  on  principles  of  morality  then 
from  expediency.     If  man  were  only  animal,  then  bird- 
law,  01-  fish-law,  or  beast-law  would  suffice.     But  man 
is  more  than  animal,  and  animal  laws  do  not  answ«'r 
lor   tlie   regulation   of   intellectual    properties.     Tht; 
normal  condition  of  mankind  is  progress.     To  progress 
belong  -"vealth,  rights,  and  mental  culture;  and  for 
the  preservation  of  these  there  must  be  a  yielding  of 
some  ])ortion  of  the  individual  will  to  the  united  will 
of  the  nation,  some  regulations  or  laws  which  all  are 
bound  to  obey. 

It  is  into  such  bondage  man  is  born.  Innumerable 
laws,  twisted  into  the  cable  of  one  great  law,  bind  him 
at  the  outset  to  his  treadmill  existence.  And  as  if 
this  were  not  enough  he  straightway  sets  about  fonnu- 


36 


POPULAR  GOVERNMENT. 


lating  forces  which  shall  place  him  under  new  restric- 
tions, light  at  first,  but  made  stronger  at  each  step 
that  lifts  him  above  brute  existence.  Peopling  the 
heavens  with  dire  intelligences,  ho  passes  an  epoch  of 
spiritual  and  political  superstitions  in  which  the  mind 
becomes  stupefied  by  an  agony  of  slavish  fear.  From 
this  despotism,  in  due  time,  he  awakens,  rattles  his 
chains,  breaks  some  of  them,  but  only  to  find  stronger, 
finer  cords  with  each  emancipation.  Thus  paradox- 
ical is  our  freedom  when  it  comes,  liberty  leading  only 
to  greater  bondage ;  for  the  more  advanced  the  civil- 
ization the  more  powerful  the  unwritten  law.  Is  it 
not  humiliating,  is  it  not  far  from  high  or  holy  sat- 
isfaction, the  thought  that  of  all  animals  man  alone 
should  require  conventional  rules  immediately  he  as- 
sociates in  a  civilized  way;  that  with  his  intelligence 
and  reason  he  should  require  laws  to  govern  him, 
when  brutes  associate  in  comparative  harmony,  each 
with  its  kind,  without  the  appointment  of  legislature, 
governor,  judge,  or  hangman  ?  Obviously  this  is  the 
penalty  man  pays  for  his  reason.  It  is  because  he  is 
a  reasonable  creature  that  he  is  forced  thus  to  regulate 
his  conduct  according  to  reason.  It  is  because  he  is 
one  with  the  eternal  all-ruling  intelligence,  that  intel- 
ligence is  necessary  in  the  direction  of  his  affairs. 
Yet  if  we  so  conclude  that  in  God's  stead  man  rules 
himself;  that  nature  makes  not  laws  for  its  creator: 
tliat  man's  intelligence  is  above  nature,  and  nature 
makes  no  laws  for  the  intellect  of  man — still  I  should 
say  so  much  the  v/orse  for  an  intelligence  which  so 
humiliates  intelligence,  and  I  should  find  nothing  ad- 
mirable or  worshipful  in  such  domination. 

But  however  may  seem  to  us  the  origin  of  law 
and  the  manufacturing  of  statutes,  the  necessity  of 
written  rules  we  must  recognize.  Law  we  must  have, 
and  government,  for  so  it  is  appointed  unto  man.  And 
good  citizens  will  obey  the  law  and  support  the  gov- 
ernment; for  it  is  for  them  and  their  children,  as 


'if 

i 


SUPERSTITIONS  OF  LAW. 


37 


ao-ainst  the  wicked,  as  protection  from  those  who  would 
injure  them,  that  laws  are  made  and  governors  placed 
in  authority  to  execute  the  laws.  But  to  talk  of  the 
sacred  ness  of  law,  at  this  day,  is  to  clothe  rules  and 
prescriptions  with  the  superstitious  veneration  which 
enslirouded  them  of  old.  Government  is,  or  should 
be,  the  united  will  of  a  majority  of  the  people 
cooperated  for  protection  against  that  spirit  of  evil 
which  seems  to  take  possession  in  a  greater  or  less 
degree  of  certain  members  of  every  community; 
and  there  is  nothing  honorable,  august,  or  sacred 
in  the  office,  or  in  the  person  of  him  who  exercises 
delegated  power,  which  is  not  found  in  the  persons  of 
those  who  bestow  it.  Yet  mankind  are  slow  to  shake 
off'  this  superstition;  so  slow  that  from  the  divine 
right  of  kings  they  step  to  the  divine  right  of  legis- 
lators, and  the  despotism  of  monarchy  is  succeeded 
by  a  despotism  of  democracy. 

The  strongest  element  of  social  subordhiation  is 
found  in  that  awe  in  which  the  masses  hold  the 
possessors  of  power;  and  those  high-sounding  titles 
and  imposing  pageantries  which  unduly  magnify  the 
actions  of  officials  so  foster  in  the  popular  mind  this 
spirit  of  reverence  as  to  make  disloyalty  the  greatest 
ef  crimes. 

The  very  words  and  symbols  of  authority,  such  as 
legal  verbiage,  red  tape  and  seals,  and  all  that  clap- 
tr;i{)  of  justice  of  which  wigs,  gowns,  and  divers 
liollow  ceremonies  are  a  part,  tend  to  impose  upon 
tlie  people  and  fill  their  minds  with  fear  as  of  some 
solemn  mysterious  power.  When  the  Athenian  leaders 
ol'  pojniLir  reform,  Pericles  and  Ephialtes,  talked  of 
alxilisliiiig  the  high  court  of  the  Areopagus,  ^:!]schylus 
in  lii.s  ^reat  Triology  represented  the  venerable  court 
as  having  been  founded  by  Pallas  for  the  trial  of 
Orestes,  and  so  held  it  up  as  an  institution  ever  to  be 
revered  by  every  pious  Athenian.  Up  to  the  year 
182;],  when  Mr  Black,  editor  of  the  Morning  C/iron- 
i'c/e,  attacked  some  of  the  vices  and  absurdities  of  En- 


38 


POPULAR  GOVERNMENT. 


glisli  law,  the  judicature  of  England  was  regarded  a 
model  of  perfection. 

Not  justice  alone,  but  courts  of  justice,  in  the  eyes 
of  Ignorance,  are  given  us  by  the  gods.  The  most 
prominent  effort  of  philosophy  to-day  is  to  rescue 
from  empiricism  the  laws  under  which  human  beings 
aggregate  and  live. 

From  the  worship  of  demi-gods  and  heroes,  from 
the  Hebrew  Scriptures  or  other  holy  books,  from  the 
Caesarian  despotism,  or  from  some  other  source,  man- 
kind became  imbued  with  the  opinion  that  kings,  as 
representatives  of  divine  power  on  earth,  should  be 
implicitly  obeyed;  nor  was  it  until  a  comparatively 
recent  period  that  the  theory  of  original  compact  be- 
tween the  ruler  and  his  subjects  was  recognized. 
Blood  revenge  was  held  by  the  savage  a  sacred  duty, 
as  civilized  law  to-day  is  held  by  certain  of  its  minis- 
ters a  sacred  thing. 

The  earliest  form  of  government,  after  the  govern- 
ment of  environment,  is  the  authority  exercised  by 
the  parent  over  the  child.  The  child  is  born  helpless, 
and  in  its  rearing  and  education  it  must  adapt  itself 
to  the  more  experienced  will  of  the  parent.  The  father 
of  tlio  family  beconnjs  the  patriarch  of  an  aggrega- 
tion of  families.  Posterity  deifies  his  memory,  and  he 
takes  his  place  among  the  gods  of  the  national  mythol- 
ogy. At  length  the  doctrine  of  uiicestral  divinity  is 
applied  to  the  living  monarch.  Altliough  he  may  not 
yet  be  deemed  divine,  his  mission  is.  Althougli  not 
a  god,  he  has  the  authority  of  a  god,  delegated,  it  may 
be,  from  his  tlead  ancestors,  and  later  from  the  cre- 
ator. He  is  respected  by  his  subjects  as  of  heaven ly 
origin.  He  is  addressed  in  the  terms  in  which  tlic 
creator  is  addressed,  Majesty,  Lord.  Obeisance  is 
made  to  him  as  to  God.  Men  hold  their  lives  and 
their  property  subject  to  his  will,  submitting  to  him, 
as  vicegerent  of  the  creator,  as  they  submit  to  God, 
their-  maker.     But  witli  the  elevation  of  the  intellect 


DIVINE  KINGSHIP. 


39 


egarded  a 

a  the  eyes 

The  most 

to  rescue 

lan  beings 


roes,  from 
,  from  the 
irce,  man- 
t  kings,  as 
should  be 
paratively 
impact  be- 
ecognized. 
cred  duty, 
its  minis- 


le  govern- 

srcised  by 

n  helpless, 

iapt  itself 

riie  father 

aororrejja- 

ry,  .and  he 

il  mythol- 

iivinity  is 

e  may  not 

lough  not 

ed,  it  may 

1  the  cre- 

heavenly 

which  tlic 

(.'isance  i.s 

lives  and 

g  to  him, 

t  to  God, 

3  intellect 


comes  the  downfall  of  the  divine  theory  of  king- 
craft. The  monarch  is  divested  of  his  supernatural 
robes;  he  is  permitted  to  rule  at  the  will  of  the  people. 
Loyalty  comes  to  mean  patriotism  rather  than  abject 
submission. 

Now  patriotism  is  but  a  reflex  of  egotism,  and  re- 
spect for  statutes  and  constitutions  is  but  another 
form  of  loyalty.  And  as  excessive  love  of  country  is 
excessive  self-love,  so  undue  worship  of  forms  of  law 
is  a  part  of  that  superstitious  loyalty  which  of  old  held 
to  the  doctrine  of  divine  kingship.  If  reverence  is 
anywhere  due,  whatever  good  there  may  ])e  in  loyalty, 
in  that  sentiment  which  unites  individuals  under  a 
common  head,  it  is  not  the  power  of  law  wliich  should 
1)0  I'cverenced,  but  the  power  which  creates  and  sus- 
tains law.  This  doctrine  of  divine  kingship  appears, 
in  a  sort  of  inverted  form,  in  the  Athenian's  creed, 
wliich  hold  it  dangerous  for  a  man  to  rise  above  his 
fellows—  whence  ostracism,  or  oyster-shell  voting  a 
too  ambitious  man  out  of  the  country. 

From  this  divine  king-worship  have  sprung  many  of 
the  courtesies  of  modern  society,  expressions  of  fear, 
awe,  propitiation,  submission,  as  well  as  political  sub- 
oidination.  Form  of  some  kind  is  necessary.  I  have 
said  that  the  forces  of  nature  are  In  Id  in  e(juilil)rium 
l)V  their  antao'onisms.  Throutrhoul.  the  universe  we 
see  two  great  contending  powers,  attraction  and  re- 
])ulsioii,  both  of  which  are  essential  to  devel(»]>ment, 
nay,  to  life  itself  It  is  the  action  and  reaction  of 
tlieso  opposing  forces  tliat  give  form  and  life  to  niattci', 
tliat  underlie  all  development,  that  sepai'ate  the  chaos 
of  nebula)  into  systems  of  worlds,  and  systems  of  vege- 
table aufl  animal  organisms.  So  it  is  in  society.  It 
is  the  tendency  of  opposing  forces  toward  an  e(|ui- 
libriuiu  that  constitutes  progress.  If  wealth  an<l  cul 
tiu-e  and  rank  and  power  had,  from  the  beginning,  been 
given  in  eijual  parts  to  every  individual,  there  would 
he  no  activity,  no  struggle,  no  progress.  The  laws  of 
man  and  the  laws  of  matter  are  correlative. 


40 


POPULAR  GOVERNMENT. 


As  refinement  and  good  morals  assert  dominion 
crime  diminishes,  and  thus  the  penalty  that  the  com- 
munity must  pay  for  the  evil  which  is  done  in  it  is 
lessened.  What  will  quicker  arouse  the  spirit  of 
liberty  than  despotism,  of  order  than  anarchy?  How 
could  we  value  virtue  but  for  vice?  Civilization  may 
have  been  dearly  purchased  at  the  cost  of  so  much 
suffering  and  wickedness,  but  without  war,  bigotry, 
murder,  tyranny — in  short,  without  the  combined  evils 
incident  to  humanity,  the  very  existence  of  progres- 
sional  phenomena  is  unthinkable.  Nevertheless,  each 
new  blessing  only  opens  the  door  to  new  bondages. 

Between  the  forces  of  society  and  the  laws  by 
which  those  forces  act  there  is  a  vast  difference,  a 
difference  not  always  recognized  by  legislators  and 
jurists.  Often  law  is  mistaken  for  force,  and  force  for 
law.  If  I  toss  a  ball  into  the  air,  the  law  of  gravita- 
tion is  not  subverted,  though  its  force  may  be.  When 
laws  antagonistic  both  to  tlie  forces  that  movts  society 
and  to  the  laws  that  govern  such  forces  are  placed 
on  the  statute-book,  they  are  certain  to  be  eithei' 
annulled  or  to  stand  inoperative.  Without  the  sup- 
port of  the  people,  I  s.iy,  statutes  arc  the  stolidest  oi" 
dead  things.  Solon  was  well  aware  that  his  law.s 
were  not  the  best  that  could  be  made,  but  they  were 
the  best  the  Athenians  would  receive.  Self-preserva- 
tion and  all  other  instincts  arc  forces,  and  their  behavior 
under  given  conditions  reveals  to  us  the  la'vs  under 
\N"Jiieh  they  act.  Social  forces  make  for  themselves 
sociological  laws;  statutory  laws  are  neither  the  one 
nor  the  other,  but  to  remain  in  force  they  must  bo 
consistent  with  both.  Many  say  that  popular  tribu- 
nals are  good  in  theory  but  wrong  in  practice.  Now 
iijnorance  alone  affirms  of  a  thino:  that  it  mav  be  cor- 
rect  in  theory,  and  at  the  same  time  impracticable. 
Nothing  true  in  theory  can  be  untrue  in  practice;  it' 
a  plan  fails  in  its  ap])licat5on,  then  clearl}'^  the  hypotli- 
esis  is  at  fault. 

Often  we  hear  remarked  of  an  enactment,  It  is  ;i 


THE  RIGHT  OF  REVOLUTION. 


41 


:  dominion 
,t  the  coni- 
)ne  in  it  is 
D  spirit  of 
hy  ?     How 
zation  may 
3f  so  much 
ir,  bigotry, 
ibined  evils 
of  progrcs- 
leless,  each 
tondages. 
le  laws  by 
ifference,  a 
jlators   and 
nd  force  for 
of  gravita- 
be.    When 
lOVG  society 
are  placed 
be  eithci- 
at  the  sup- 
stolidest  of 
it  his  laws 
they  weit-- 
f-preserva- 
ir  behavioi' 
a'vs  under 
themselves 
ler  the  one 
y  must  b<: 
ular  tribu- 
ice.     Now 
nay  be  cor- 
iracticablt'. 
practice;  ii" 
le  hypoth- 

nt,  It  is  ;i 


good  law,  but  impossible  of  execution.  How  absurd ! 
A  law  impossible  of  execution,  or  that  otherwise  falls 
far  short  of  its  purpose,  is  not  a  good  law,  is  worse 
than  no  law  at  all.  Stupidly  we  look  to  legislation  as 
an  infallible  panacea  for  every  social  ill,  and  never 
cease  alternately  to  beseech  and  curse  the  demi-gods 
who  sit  in  council  to  make  our  laws.  Thus  endless 
expectation  waits  on  endless  disappointment. 

This  doctrin*^  of  the  divine  right  of  kings  and  passive 
obedience  on  the  part  of  the  people  never  obtained  in 
Anglo-Saxon  America,  and  least  of  all  in  California. 
So  sovereign  in  thought  and  feeling  were  the  people 
of  this  new  commonwealth,  that  traditional  forms  and 
conventional  restraint  were  for  the  most  part  thrown 
aside.  At  the  first  every  mining  district  made  its 
own  laws  and  regulated  its  own  affairs.  As  in  sav- 
agism,  government,  which  according  to  the  modern 
ideal,  is  the  protection  of  life  and  property  and  the 
punishment  of  crime,  was  absent.  And  indeed  they 
did  very  w^ell  without  it,  for  there  was  little  property, 
8a^■e  that  of  a  portable  kind,  and  every  man  defended 
liis  own  life  or  left  it  without  defence.  He  punished 
crimes  committed  against  himself,  if  he  was  able ;  if  not, 
lit-  It' ft  thoni  unpunished.  Later  came  that  loyalty 
which  springs  from  social  compact,  a  compact  which 
(k'lcnates  certain  rights  of  the  individual  to  society 
on  condition  that  society  shall  protect  him  in  otlier 
linlits,  tlic  conscience  as  well  as  the  person  gradually 
l)ti-oiiiing  bound  l)y  it.  But  when  established  forms 
aiv  warped  for  vile  ])urposes  by  a  dishonest  minority, 
then  thu  principle  of  self-preservation  comes  in,  which 
our  laws  and  our  constitution,  as  well  as  every  in- 
stinct of  our  nature,  hold  to  be  first. 

The  whole  matter — that  is,  the  right  of  vigilance, 
not  the  expediency  or  the  manner  of  its  execution- 
turns  after  all  on  the  right  of  revolution,  a  right  which 
a  pi'tori  few  deny,  howsoever  one  complains  when  in  its 


42 


POPULAR  GOVERNMENT. 


iiicipiency  it  may  tread  on  one's  interests  or  preju- 
dices. I  say  the  morale  of  that  class  of  social  erup- 
tions which  in  California  took  the  name  of  vigilance 
committees  turns  on  one's  view  of  this  right  of  revo- 
lution and  on  one's  general  conceptions  of  law  and 
ethics.  Were  Luther,  and  Cromwell,  and  Washing- 
ton right?  Were  Coleman,  and  Dempster,  and  Truett 
wrong?  And  if  it  be  true  that  under  sufficient  provo- 
cation a  number  of  persons  possess  the  right  to  rebel 
against  their  rulers,  then  we  might  enquire  how  much 
provocation  is  necessary  to  render  rebellion  justifiable, 
and  how  many  robbers,  or  murderers,  or  disturbers  of 
the  public  peace  must  band  before  their  acts  shall  be 
raised  from  the  category  of  crime  to  the  dignity  of 
insurrection.  ' 

I  do  not  mean  to  say  that  the  vigilance  committees 
in  California,  and  elsewhere  in  the  Pacific  States, 
were  revolutionary  in  their  character.  They  were 
not.  It  was  no  part  of  their  purpose  in  any  instance 
to  overthrow  the  government,  to  usurp  political 
power,  or  to  clog  the  machinery  of  legislation  or  of 
law.  The  principle  involved,  however,  is  the  same. 
It  is  the  act,  rather  than  the  motive,  that  the  law 
judges.  The  question  is,  not  whether  it  is  right  to 
break  the  law  in  order  to  accomplish  a  good  purpose, 
but  whether  it  is  ever  right  to  break  the  law  at  all. 

On  this  question  the  ablest  minds,  not  alone  in 
California,  but  throughout  the  world,  as  before  inti- 
mated, were  at  issue.  Though  tacitly  admitting  thu 
right  of  revolution,  there  were  those  who  denied  tlu; 
exercise  of  that  right.  And  diflferences  of  opinion 
have  existed,  and  do  still  exist,  both  as  to  the  right 
and  the  policy  of  an  arbitrary  a^.Jumption  of  adminis- 
trative power  by  the  people  under  any  circumstances. 
Better,  some  say,  that  virtuous  citizens  should  throw 
their  weight  into  the  balance  with  legislature  and  law 
Cv)urts,  and  so  achieve  the  right  unstained  by  lawless 
bleed.  To  sanction  the  doinij  of  evil  that  good  niav 
come  IS  to  tread  on  dangerous  ground,  and   estal' 


THE  TWO  PARTIES. 


43 


5  or  prcju- 
jocial  erup- 
)f  vigilance 
;ht  of  revo- 
of  law  and 
i  Washing- 
,  and  Truett 
jient  provo- 
^ht  to  rebel 
e  how  much 
1  justifiable, 
listurbers  of 
icts  shall  be 
e  dignity  of 

5  committees 
,cific  States, 
They  were 
any  instance 
iirp   political 
dation  or  of 
IS  the  same. 
,hat  the  law 
is  right  to 
ood  purpose, 
law  at  all. 
not  alone  in 
.  before  inti- 
idmitting  the 
lo  denied  the 
!S  of  opinion 
to  the  right 
u  of  adminis- 
ircumstances. 
should  throw 
ature  and  law 
ed  by  lawless 
lat  good  lUiiy 
J,  and   ostali- 


lifsh  a  precedent  which  some  day  may  recoil  on  its 
authors  with  terrible  effect.  Where  the  law  ends, 
tyranny  begins;  the  cure  is  worse  than  the  disease. 
Such  and  many  other  like  maxims  are  brought  for- 
ward in  defence  of  obedience  to  the  existing  laws  of 
the  land  under  any  and  all  circumstances. 

On  the  other  hand  the  right  of  revolution  is  main- 
tained as  the  dearest  right  of  a  free  people.  Law  is 
the  servant  and  not  the  master  of  men.  When  the 
law,  made  by  a  majority  of  citizens,  becomes  dead  or 
inutile,  it  is  not  only  the  privilege  but  the  duty  of  the 
majority  to  adopt  new  rules  for  the  governance  and 
protection  of  society.  As  a  rule  the  minority  con- 
tend that  the  state  as  a  political  organism  embodies 
sovereign  power,  and  that  the  power  of  the  state 
is  superior  to  the  power  of  the  people,  while  the 
majority  maintain  that  the  people  are  sovereign. 
If  the  laws  and  constitution  are  contrary  to  the 
will  of  the  majority,  then  the  minority  rule;  if  a 
majority  of  the  people  possess  the  sovereign  power, 
it  seems  paradoxical  to  allege  that  they  can  commit 
tieason  against  themselves.  Respect  for  the  law, 
obedience  to  righteous  law,  these  are  the  questions 
involved.  Manifestly  it  is  the  duty  of  every  individual 
[to  heed  and  obey  the  laws;  thus  far  both  sides  agree, 
and  thus  far  there  may  be  a  tincture  of  divinity  in 
[the  existing  laws,  for  statutory  law  is  supposed  to 
Iciubody  most  of  the  divine  and  moral  laws.  But  it 
lis  not  that  species  of  divinity  attributed  to  law  from  a 
study  of  the  law's  mystical  technicalities  by  the  high 
f)ii(  sts  of  its  idolatry,  which  makes  form  superior  to 
substance,  and  bows  before  the  ski  leton  long  after 
the  soul  has  departed. 

Hence  arose  two  parties,  the  Law  and  Order  party, 
[and  the  Popular  Tribunal  party.  Both  sides  agreed 
[that  the  laws  of  the  land  should  be  obeyed,  but  in 
practice  there  was  this  difference :  The  popular  ))arty — 
that  is  t(^  say  the  people,  the  masses,  of  which  com- 
niittees  of  vigilance  are  always  composed — were  as  a 


44 


POPULAR  GOVERNMENT. 


rule  industrious,  orderly,  God-fearing,  and  law-abiding- 
men.  They  were  the  class  that  laws  are  made  to  pr«  •- 
tect  and  not  to  punish.  The  law  and  order  party,  aftci- 
including  a  certain  class  of  lawyers  and  officials,  was 
composed  in  a  great  measure  of  the  lawless  and  order - 
less,  habitual  law-breakers,  who  lived  not  by  honest 
labor,  but  by  subverting  and  distorting  the  law  so  that 
they  might  fatten  on  the  labor  of  others,  and  who 
estimated  the  justice  of  the  judge  by  their  own 
villainy ;  and  it  was  seemingly  fit  that  those  who  lived 
by  the  breaking  of  laws  should  thus  band  for  mutual 
support.  This  was  the  class  the  laws  were  made  to 
punish;  but  in  their  hands,  and  in  the  hands  of  their 
masters  whom  they  had  elevated  to  office,  it  con- 
stituted a  safe  protection  for  them,  and  was  made  to 
punish  those  only  whom  it  should  have  protected. 
It  was  wholly  an  anomalous  condition  of  things,  and 
to  judge  the  action  of  early  Californians  by  the  ruk'> 
of  older  societies  is  wrong.  No  wonder  these  men 
saw  divinity  in  law;  it  was  the  only  kind  of  divinity 
many  of  them  were  ever  able  to  discern ;  the  divinity 
of  tlie  ballot-box,  of  jails  and  city  halls;  that  devilisli 
divinity  which  affords  protection  from  lawful  penalties 
incurred  by  promiscuous  robbery  and  murder. 

I  say  it  is  absurd  to  charge  the  members  of  the  San 
Francisco  Vigilance  Committee  with  disrespect  fn 
the  laws.  Their  deference  was  not  displayed  in  loud 
protestations  of  patriotipm,  in  fanatical  adoration  of 
the  capped  and  gowned  goddess  of  liberty,  or  in 
lung-splitting  reverence  for  a  piece  of  starred  and 
striped  bunting;  these  were  the  sounding  brass  and 
tinkling  cymbal  of  the  law  and  order  party.  Tlic 
deference  of  the  mercantile  and  industrial  classes  for 
law  was  manifest  in  practice  rather  than  in  profession. 
Their  daily  life  was  a  standing  commentary  on 
their  respect  for  and  obedience  to  the  laws  of  God 
and  the  laws  of  their  country,  even  if  they  did  some- 
what roughly  handle  the  law  in  rescuing  it  from  tlie 
elutches  of  wicked  men. 


VIGILANCE  IS  NOT  THE  ENEMY  OF  LAW. 


45 


law-abidiiiL;' 
made  to  pr«  •- 
r  party,  aftoi- 
Qfficials,  was 
IS  and  ordoi - 
it  by  honest 
B  law  so  that 
rs,  and  who 

their  own 
se  who  hved 
I  for  mutual 
ere  made  to 
nds  of  their 
fice,  it  con- 
vas  made  to 
3  protectefl. 

things,  and 
by  the  ruk> 
•  these  men 

of  divinity 
the  divinity 
hat  devihsli 
ul  penalties 
der. 

3  of  the  San 
respect  fn 
yed  in  loud 
deration  of 
erty,  or  in 
tarred  and 
•  brass  and 
>arty.     Tlu' 

classes  fnr 

profession. 
lentary  on 
LWS  of  God 
Y  did  some- 
it  from  tlk' 


Not  disrespect  for  the  law,  nor  a  denial  of  the 
human  and  divine  right  of  law  to  be  obeyed ;  not  the 
absence  of  a  necessity  for  law ;  not  a  lack  of  due  def- 
erence to  judges,  governors,  and  administrators  of  the 
law  when  such  deference  was  their  due,  when  it  was 
not  the  deference  of  subjects  to  a  master  but  the 
del'orence  of  freemen  for  the  instrument  which  for 
the  time  embodied  their  common  rule  of  conduct, 
wliic.^li  would  result  in  the  greatest  good  to  the  greatest 
niunber — nothing  of  this  kind  can  rightly  be  charged 
on  members  of  vigilance  committees.  It  was  the 
right  of  a  majority  of  the  people  to  suspend  the 
action  of  the  law,  or  to  change  the  existing  form  of 
law  or  of  government  by  the  surest  and  most  direct 
method,  whenever  they  deemed  it  essential  to  the 
well-being  of  society  to  do  so — and  this,  if  necessary, 
without  waiting  the  slower,  less  effectual,  and  less 
certain  means  provided  by  constitution  or  statute. 
In  short  it  was  the  right  of  revolution  which  they 
claimed;  a  right  more  divine  than  the  divine  right 
of  law;  a  right  stoutly  sustained  as  the  bulwark  of 
all  our  liberties,  from  the  days  of  John,  king  of  En- 
gland, to  the  present  time;  a  right  which  cannot  be 
denied  without  stopping  the  wheels  of  progress  and 
sending  mankind  back  into  the  Dark  Age. 


CHAPTER  III. 

ENGENDERING  CONDITIONS. 

There  is  what  I  call  the  Amcricou  idea. 

Theodore  Parker. 


For  the  further  elucidation  of  the  subject,  I  propose 
to  give  a  historical  sketch  of  Popular  Tribunals  in  i\\v. 
Pacific  States,  more  particularly  in  San  Francisco, 
covering  a  period  of  thirty  years  from  their  inception. 

And  first  of  all,  a  glance  at  the  several  phases  of 
early  society  throughout  this  territory,  with  special 
reference  to  such  causes  and  conditions  as  stimulate 
or  retard  the  displays  of  irregular  administration  here 
engendered. 

The  conquerors  of  Central  America  and  Mexico, 
and  those  who  followed  in  their  wake  as  settlers,  were 
not  subjected  to  the  same  species  of  anomalous  justice 
that  later  influenced  the  loose-minded  pioneers  of 
Anglo-Saxon  heritage.  For  this  two  causes  may  be 
assigned:  First,  the  Spanish  settlers  were  colonists, 
under  the  immediate  rule  of  a  despotic  governor  aj)- 
pointed  by  a  jaalous  sovereign.  In  most  instances  this 
governor  exercised  over  his  subjects  the  power  of  life 
and  death ;  standing  in  the  king's  stead,  he  was  respon- 
sible for  his  acts  only  to  the  crown.  His  government 
was  military  as  well  as  civil,  and  irregularities,  if  not 
committed  by  himself,  were  grave  offenses.  Moreover, 
loyalty  was  so  inbred  in  the  Spanish  character,  so 
part  of  that  superstition  which  constitutes  the  second 
cause  why  vigilance  committees  could  not  exercise 
their  sway  under  Spanish  rule,  that  to  oppose  their 

(46) 


SPANISH  SOCIETIES. 


47 


!  Parker. 

ct,  I  propose 
)unals  in  the 
n  Francisco, 
)ir  inceptioii. 
al  phases  of 
with  special 
as  stimulati 
itration  here 

lid  Mexico, 

sttlers,  wert> 

ilous  justice 

pioneers   of 

ises  may  ho 

e  colonists, 

ovornor  a]>- 

istancGS  this 

ower  of  hfi' 

was  rcspoTi- 

tjovernment 

ities,  if  not 

Moreovei', 
laracter,  so 

the  second 
ot  exercise 
ppose  their 

(46) 


will  to  that  of  the  sovereign  or  liis  deputy,  was  an  act 
HO  sacrilegious  as  to  be  entertained  only  by  the  most 
abandoned.  To  the  uttermost  ends  of  the  earth  the 
wrath  of  heaven  would  pursue  the  disobedient.  And 
whatsoever  element  of  society  there  might  be  not  un- 
der the  complete  dominion  of  secular  power,  the  church 
was  sure  to  hold  in  subjection.  The  Spanish  colonists 
were  not  their  own  masters.  They  could  not  go  ami 
come  as  they  pleased;  they  could  not  explore,  subdue, 
and  occupy  except  by  permission.  Unless  thoroughly 
loyal  to  (jiiurch  and  state,  they  were  not  fit  subjects 
for  colonization;  they  were  not  Spaniards;  they  were 
heretics,  worse  than  Moslem  or  Jew,  and  fit  only  for 
death  and  perdition.  They  could  act  in  any  direction 
only  by  permission  of  the  creator  himself,  as  spoken 
by  his  vicegerents,  who  were  in  temporal  aflairs 
the  king  of  Spain  or  his  deputy,  and  in  spiritual 
mutters  the  pope  of  Rome  or  his  deputy.  Later, 
when  both  church  and  state  by  their  sottish  inanity 
lost  much  of  their  power,  and  the  yoke  of  Spain  fell 
from  the  necks  of  the  colonists,  society  split  into  in- 
numerable opposing  factions,  which  have  been  uniting 
and  dividing  and  fighting  each  other  much  of  the 
time  since.  All  the  while  crime  was  rampant.  Few 
were  too  good  to  steal.  The  rich  were  forced  to  con- 
trilmte  of  their  wealth  to  the  support  of  the  party  in 
])o\ver;  the  officers  of  the  government  were  seldom 
zealous  except  under  the  stimulus  of  a  bribe ;  justice 
was  bought  and  sold,  and  there  was  little  difterence,  ex- 
ce]it  in  outward  appearance,  between  the  professional 
highwayman  and  the  peculator  in  office.  Meanwhile 
there  spawned  a  hybrid  race,  brute-low  in  stupidity ; 
and  these,  poor  and  priest-ridden,  were  glad  to  eat  and 
sun  themselves  in  peace,  careless  of  all  things  else. 
People,  in  our  Anglo-American  sense  of  the  word, 
there  were  few;  surely  it  is  apparent  enough  that 
there  was  not  here  the  material  for  a  vigilance  com- 
mittee. Of  banditti  there  were  always  plenty.  High- 
way robbery  was  here  raised  to  a  science.     Instead 


48 


ENOENDKRINO  CONDITIONS. 


O 


f  taking  the  road  and  keeping  it,  thereby  stoppinj; 
travel  and  ruining  the  business,  the  marauders  would 
migrate  irregularly,  so  as  always  to  have  some  part  of 
their  iield  lying  fallow.  But  alternately  almost  every 
section  was  visited,  and  at  such  times  every  highway 
sA\'arnied  with  robbers.  The  criminal  statistics  of  re- 
publican Mexico  show  some  twenty  thousand  arrests 
annually,  beside  which  those  of  California,  even  durinij 
her  periods  of  most  stringent  reform,  seem  tanii' 
enough.  And  the  guard  was  sometimes  even  more 
dangerous  than  the  outlaw;  it  was  th^"  proper  thing  for 
a  hired  escort  to  do,  to  flee  at  the  approach  of  banditti, 
if  indeed  they  did  not  assist  in  the  pillage.  Convicts 
wei'o  sometimes  bound  in  couples  by  means  of  iron 
girdles,  sometimes  with  chains  six  feet  in  length,  and 
put  to  work  on  the  highway.  The  jails  of  Sonora 
were  poor  affairs;  and  as  for  police.  In  many  parts 
they  were  unknown.  Banditti  became  so  bold  at 
times  as  to  enter  a  town  and  rob  1  store  in  open 
day;  if  they  confined  their  operatioj^s  t(^  the  road  and 
to  strangers,  the  authorities  were  not  quicK  to  molest 
them. 

The  constitution  of  Sonora  provided  a  tribunal  of 
justice  composed  of  three  chambers  with  letrados,  that 
is  to  say,  three  judges  and  Si  fiscal;  the  letrados  to  b(' 
chosen  by  non-professionals.  These  were  appointed 
every  four  years  by  congress.  Magistrates  were 
selected  under  special  laws  which  defined  their  power; 
some  were  appointed  by  the  governor  with  approval 
of  congress.  Frequently  judges  were  placed  in  offico 
expressly  to  be  used  as  the  tools  of  those  electing 
them,  even  as  under  governments  of  more  pretensions. 
Few  were  learned  in  jurisprudence,  and  many  could 
not  read  or  write. 

An  old  Mexican  living  in  the  robber-infected  region 
of  Jalisco  called  together  the  neighboring  ranchcros 
and  made  war  in  a  body  on  the  banditti.  Soon  the 
district  was  cleared  of  them;  but  in  their  zeal  tlie 
armed  corps  did  not  stop  there.     Whenever  any  sus- 


SONORA  AND  LOWKR  CALIFORNIA. 


4!» 


picious-looking  persons  were  seen  lounging  about,  they 
were  shot  ilown  without  waiting  to  undergo  the  forms 
and  uncertainties  of  law.  When  asked  if  in  this  way 
it  dill  not  sometimes  happen  that  the  innocent  were 
punished  with  the  guilty,  the  old  man  answered :  "Oli, 

es;    but  the  average  on  the  right  side  is  sure  to  be 

cpt  up !" 


■i 


The  northern  part  of  Lower  California  has  been 
much  of  the  time  in  a  disorganized  state,  the  orders 
of  the  supreme  government  being  unknown;  and,  in- 
[deod,  had  they  been  known  they  would  not  have  been 
regarded  along  the  frontier,  some  claiming  to  be 
under  the  government  of  Alta  California  and  some 
[professing  to  belong  to  Baja  California,  which  was 
equivalent  to  being  under  the  jurisdiction  of  neither. 
It  was  held  to  be  a  very  wicked  thing  to  kill  a 
priest;  more  wicked  than  to  kill  a  man  less  sure  of 
seraphic  glories.  In  1805  a  woman  murdered  Father 
Surroca  in  his  bed  because  she  had  been  dismissed 
ifrom  the  padre's  house.  What  Surroca  had  done  to 
[her  is  not  stated.  The  order  for  the  execution  of  the 
|w(jman,  together  with  two  natives,  was  passed  by  the 
[auditor  of  war  on  the  last  day  of  the  year  afore- 
said. The  auditor  recommended  hanging,  if  an  ex- 
jcutioncr  could  be  found;  if  not,  shooting  would  do. 
In  either  event,  the  head  and  right  hand  of  the 
'omau  were  to  be  spitted  in  the  most  public  place 
11  Santo  Tomds,  and  those  of  the  others  in  other, 
mitable  places. 

The  10th  of  June,  1849,  Agustin  Mancilla  y  Gram- 
)oa  writes  from  San  Francisco  Javier  to  his  brother 
it  San  Diego  complaining  of  the  insecure  condition  of 
)roperty,  and  the  absence  of  any  administering  of 
justice.  Among  other  outrages,  he  speaks  of  the  rob- 
)ery  of  the  church  of  Santo  Tomds  and  the  sale  of 
the  articles  to  some  men  trading  toward  San  Diego„ 
md  asks  for  their  arrest.  J.  Ross  Browne  testifies 
that  in  1866  the  country  was  well  governed,  thougk 

Pop.  Tbib.,  Vol  I.    «, 


50 


kxoexdkuint;  conditions. 


betwoeii  the  yeai's  IK51  and  18()1   tlie  Peninsula  was 
infested  witli  runaway  -ascalsfroni  Mexico  and  Call 
f'ornia,  many  <>t'  whom   '•  \d  to  be  sliot  as  a  warnin;^. 
And  notwithstandiniij  the  frequent  revolutions,  BrowiK 
asserts  that  Lower  California  is  a  peaceful  country, 
and  that  rol)l)ery  and  murder  arc  infrequent. 

Here,  as  elsewhere  under  ^Eexican  I'ule,  the  custoiu 
was  prevalent  of  advancing  supplies  to  miners;  that 
is,  of  ])ayini:4'  them,  usually  in  merchandise  at  exorlii- 
tant  ])riccs,  for  some  time  in  advance,  trustiui^-  to  tlu 
hold  law  and  custom  gave  upon  the  jiorson  of  such 
debtors  to  get  back  their  expenditure,  with  a  [)rotit. 
in   the  services  of  those  thus  Ifouiid    to  them.     A 
mining  superintendent  neai"  Santo  Tonuis  in  Januarv, 
1858,  havino-  distributed  the  weeklv  I'ations  as  usual. 
found  oiii'  morning  that  advantage  had  been  taki  i. 
of   the   circumstance    ])y  two   miners,  who  had    <lr- 
cann)e(l  during  the  night,  amply  supi)lied  with  fotid, 
.Vs  soon  as  the  discovery  was  made,  the  su])erinteii<l- 
ent  sent  an  American  to  the  alcalde  at  Santo  Tonuh 
to  obtain  an  order  for  the  arrest  of  the  fugitives.     It 
was  iui'iiished  at  once,  conmiissioning  the  American^ 
to  bring  them  back  living  or  dead.     The  alcalde  nl>' 
sent  three  ^[exicans  with  him  to  assist  in  the  exocii 
tion  of  his  order.     They  were  successful  in  the  jmr 
suit,  retui'ning  to  the  alcalde  before  dusk  with  \\u 
jirisoners,  who,  declaring  themselves  innocent  of  tlu 
charsfc.  were  not  confined  in  the  calaboose.     The  iirxt 
morning  the  alcalde  went  to  the  mines,  ordering  tin 
prisoners  to  i'ollow  in  about  half  an  lioui".     Trust  In- 
to their  honor,  thev  were  allowed  to  come  without  ;i 
guard,     l^pon  the  opening  of  the  court,  the  superin 
tendent  of  the  mines  appeared  as  prosei'uting  attorii<'\ 
Testimony  was  heard  from  all  tlie  witnesses  witlxni; 
any  administering  of  oath.     The  court,  unwilling  t' 
take  the  responsibility  of  deciding  the  case,  propn>ii 
that  the  plaintiff  and  defendants  should  choose  homfn'  - 
huenos,  and  that  the  case  be  adjourned  until  the  urW 
day,  which  was  done.     The  liombres  buenos  are  ptm 


•oninsula  was 

ico  and  Call 

as  a  warning. 

tions,Bro\vn( 

•cful  country, 

lent. 

lo,  the  custom 

miners;  tliat 
ise  at  exorl>i- 
fusting  to  till 
^rson  of  sue!  I 
with  a  profit, 
to  them.     A 
is  in  Januaiv. 
tions  as  usual. 
1(1  Ijeen  ta1v>  i. 
wlio  had    <li - 
ied  with  food. 
0  su])erintcu(l- 

Santo  Touifh 

fugitives,  h 
;ho  Ameri(.-aib 
ic  ak-alde  al- 

in  the  execu 
Lil  in  the  pur 

usk  with  tli> 
moccnt  of  tli' 
jse.     The  111  xt 

,  ordering  tin. 

»ur.      Trust  in.; 

rule  without  ;i 

■t.  the  superiii- 

itingattoriiov. 

nesses  witli""' 
,  unwilhng  t' 
case,  propnMii 

choose  A"<»'"" 
until  the  lu'M 

lenos  arc  pi  *^i' 


iVLOXO  TIIK  MEXICAN  FRONTIER. 


61 


^\\av  to  .Mexican  judicature,  differing  from  associate 
Jjudges,  arbitrators,  or  jurymen,  but  approximating 
Howard  all  these.  I'pon  the  presentation  of  the  tes- 
.'tiuumy  to  this  tiihunal  they  decided  to  act  on  the 
^ungestion  of  the  superintendent,  and  condemned  the 
vprisonoi-s  to  work  out  the  value  of  the  rations  with 
Kvliich  they  had  absconded,  and  to  pay  tlie  costs  of 

;CiUU't. 

Tlie  execution  of  some  twelve  criminals  by  law  in 

^]S()0,    murderers   of    Governor    Castro    and    others, 

;within  a  ])erio(l  of  five  months,  brought  upon  Es])arza, 

lie  <Tovernoi",  a  swarm  of  vermin  friends  of  the  exe- 

uted,  threatening  his  life  and  that  of  all  those  having 

i^any  hand  in  the  executions. 

When  Dtivalos  was  governor  of  Lower  California, 

^^in  isr^',  wishing  to  increase  his  revenue  while  giving 

gratilication  to  his  people,  he  permitted   during  the 

Christmas  holidays  a  three  days'  indulgence  in  the 

favorite  hut  interdicted  same  of  monte.     The  fourth 

day.  desirous  of  seeing  in  person  how  his  order  for  the 

disci iiitiimance  of  the  amusement  had  l)een  obeyed,  he 

entered  a  saloon  in  company  with  an  officer,  and  each 

drawing  a  pistol,  more  in  play  than  in  earnest,  ]X)inted 

[till'  weapons  at  a  party  seated  at  a  monte  table,  and 

rdeied    their    surrender.     Unfortunately    the    gov- 

riKir's  pistol  was  accidentally  discharged,  hilling  an 

id  and  respected  citizen  of  La  Trincliora,  Don  Jose 

lan'a  ^[endoza,  a  looker-on.     After  whicli  the  jrov- 

rimr,    fearmg    assassination    at    the    hands  of  the 

ir'ouiiMcr  nieinbers  of  the  Mendoza  family,  dared  not 

cnture  ahroad  save  under  cover  of  a  )>ody  guard  of 

en  men. 

In    Xoveinber,    1875,    small    squads    of    Sonoran 

anditti  camped  in  Lower  California  just  south  of  the 

inc.     The  Americans  on  the  San  Diego  side  of  the 

1*1*1  ^ 

line  did  not  ri'gard  their  piesencc  so  near  their  fam- 
ilies with  favor,  and  so  they  drove  them  away.  Tlie 
SOtli  of  this  month  two  men,  Lcclaire  and  Sosa,  were 
killed,  as  was  supposed,  by  Lopez'  gang.     An  alcalde 


;)•_' 


KNGENDERINfi  (  ONDITIOXS. 


of  Lower  California  united  with  the  slieriff  of  San 
Diego  to  arrest  and  bring  the  offenders  to  justice. 

Until  a  comparatively  recent  period,  Arizona,  in 
common  with  northern  Mexico,  was  in  the  hands  nf 
the  savages.  Wide  ranges  of  country  were  not  in- 
habited by  white  men ;  and  to  pass  through  the  count  ly, 
unless  prepared  for  battle,  was  attended  with  great 
danger.  There  were  sections  rich  in  precious  metals, 
but  to  develop  tlioin  was  impossible.  The  arid  Sdii 
offered  few  attractions  for  agriculturists;  vast  unin- 
habitable deserts  isolated  settlers  ou  the  fertile  spots, 
and  afforded  secure  retreat  for  marauding  aboriginals. 
These  same  deserts,  however,  were  not  favorable  hi 
civilized  ruffians;  there  were  too  few  hiding-jdacc-, 
and  if  not  soon  run  down  and  cai)tured,  hunger  or 
thirst  would  drive  the  flying  criminal  back  upon  his 
aveno'ers.  Xovertheless  in  due  tiniu  civilization  di- 
veloped  some  first-class  scoundrels,  who  met  their 
dues  at  the  hands  of  the  popular  tribunal. 

Before  the  establishment  of  the  Mexican  repuMic 
justice  in  New  Mexico  issued  directly  or  indircellv 
from  the  civil  or  military  comandante.  There  wer. 
minor  courts  for  petty  causes,  but  important  cases  woi« 
decided  for  the  most  part  by  the  governor.  Affair^ 
were  still  worse  after  the  oru'anization  of  the  federal 
government  at  the  city  of  ^lexico.  The  only  tril>unal 
then  in  New  Mexico  was  the  alcalde's  court.  Under 
certain  restrictions  appeals  were  carried  to  the  supreim 
couit  at  Chihuahua,  but  few  could  afford  the  d».'lav 
and  expense.  The  routine  of  law  courts  was  unknown, 
and  the  distance  to  the  audiencia  of  Mexico  was  su 
great  as  to  impede  the  adjustment  of  rights. 

The  forms  of  litigation  in  New  Mexico  were  quite 
sinijile.  The  complainant  appeared  in  person  am! 
made  a  verbal  statement  before  the  alcalde,  wh' 
ordered  him  to  summon  the  accused,  which  was  dow 
by  using  the  words,  *Le  llama  el  alcalde,'  the  plain- 


ARIZONA  AND  XKW  >rKXICO. 


licrift*  oi'  San 
to  justice. 

i,  Arizoiica,  in 
the  hands  ui 
were  not  iu- 
h  the  country, 
3(1  with  great 
ecious  metals, 
The  arid  s^i! 
ts;  vast  unin- 
c  fertile  spots, 
isjf  aboriiTjinals, 
t  favorable  tn 
liiding-[»lac(>, 
cd,  hunger  i>r 
back  upon  hi- 
;iviHzation  di- 
ho  met  thoii' 
lal. 

xioan  repullie 
r  or  indirccllv 

There  wlt. 
■ant  cases  woii 
rnor.     xVffalr- 
of  the  fedoial 
oonly  tril)Uiial 
;ourt.     Under 
to  the  suprcnu' 
brd  the  dolav 
was  unknown, 
lexico  was  so 
ghts. 

ico  were  quito 
a   person   am! 

alcalde,  avIv 
hich  was  d«nii 
de,'  the  plain- 


tiff thus  acting  as  coniplainant  and  constable.  The 
defendant  failing  to  appear  in  answer  to  the  verbal 
(Bununons  of  the  plaintiff,  the  alcalde  caused  to  eb 
ierved  on  him  the  regular  process  of  the  court,  which 
Was  a  huge  cane,  called  the  htiston  de  jvsticia,  an  or- 
dinary walking-stick,  having  sometimes  cut  upon  it  a 
'f^ross,  l)ut  distinijuished  from  a  common  cane  chieflv 

«'  y  a  black  silk  tassel  peculiar  to  this  stick  of  justice. 
loth  litigants  luing  present,  each  gave  his  invn  version 
pi  the  case.  Sometimes  witnesses  wore  sununonod 
%ntl  sworn  on  the  cross  cut  on  the  baston  de  justicia. 

tttener,  however,  a  cross  formed  by  the  finger  and 
uinb  was  used  in  administering  oaths.  It  was  a  lazy, 
lyiiig  sort  of  justice.  Very  frequently  tliere  WDuld  l»e 
Dei  I  her  witness  nor  oath  in  the  case,  which  indeed 
Wa-  often  just  as  well.  The  alcalde  would  hear  and 
^determine.  It  Mas  all  law,  and  tlu^  magistrate  was 
fer  ahovc  fallible  man.  Trial  by  jury  was  not  prac- 
ised,  but  in  ])lace  ol"  juries  tliere  were  the  hombres 
Hienos  hetore  mentioned,  to  whom  cases  were  (jften 
}rerred  foi-  decision. 

In  judicial  }>roccedings,  little  attention  was  paid  to 
)des  or  forms.  Indeed,  alcaldes  learned  in  the  law 
K'le  extremely  lare,  many  of  them  m;vej'  in  theii- 
ivo  ha\iug  looked  between  the  covers  of  a  law-l)ook. 
their  iiroceedings  when  not  warped  by  cori'Ujttion 
jeie  controlled  by  the  prevailing  customs  of  the 
>untry.  Justii-e  was  administeretl  undei-  three  di.s- 
'•t  and  privileged  jurisdictions,  known  as  J'licros: 
Fii-t.  the  (v/csidsticu,  which  ordained  that  no  mem- 
Bter  ot  the  clergy  above  the  I'ank  of  curate  should  be 
M-rai-iK-d  hefore  a  civil  trihunal,  but  should  be  tried 
the  superiors  of  his  order:  second,  the  intllfar, 
hich  made  similar  jirovision  in  favor  not  tjnly  of 
Hnnussioued  officers,  but  of  connnon  soldiers;  third, 
le  civil  or  ordinary  courts  for  all  cases  in  which  the 
letendants  were  laymen.  "These  fueros,"  says  ( Jregg, 
ive  hitherto  maintained  the  ecclesiastic  and  mili- 
y    classes    in    perfect   independence    of    the    civil 


wi 


54 


ENfJEXDERIXG  COXDITIOXS. 


authorities.  The  c-ivil,  in  tart,  reinains  in  some 
tlcijfroo  subortlinat(3  to  the  other  two  fueros:  foi-  it 
can  under  no  circumstances  have  any  jurisdictiun 
Avhatever  over  them,  while  the  hiy  phiintitt',  in  the 
})rivile:L^e(l  tribunals  of  these,  may  it'  unsuccesslVil, 
have  judgment  entered  against  him,  a  consequeiKv 
that  could  never  follow  the  suits  of  the  ecclesiastical 
or  military  ordei's  before  the  civil  tribunals." 

The  decisions  of  the  alcalde  were  seldom  in  strict 
accordance  with  the  mei-its  of  the  ciise,  and  bribery 
"Was  fre(juent.  Indeed,  lie  who  liad  not  the  moiicv 
Avith  wliich  to  bribo  the  alcalde  was  almost  sure  to 
lose  his  case.  The  injustice  and  coi'mption  of  couit- 
of  law  constituted  one  of  tlu'  most  painful  features  nf 
this  demoralized  society.  In  a  judicial  contest  will 
the  wealthy  the  poor  stood  little  chance,  for  if  judi 
and  Avitnesses  were  not  directly  bought  with  moii 'V 
tlieir  iniluence  carried  sutticient  weight  to  ncutrali/t 
])lebeian  testimony  if  ottered  against  them.  A  ]iei'»';i 
of  iniluence  could  keep  a  prisoner  in  the  i^a Injur... 
almost  at  jileasure;  on  the  other  hand  witliout  wealth 
or  intiueuce  justice  was  beyond  reach. 

In  X(;w  Mexico  ]»unis]unent  was  administen.il 
neither  in  ))roportion  to  the  malignity  of  the  otfein  >, 
nor  having  prominently  in  view  the  vindication  "( 
outraged  law,  nor  th*;  I'eformation  of  the  evil-doi  i 
Shoukl  the  creditor  express  a  willingness  to  a])ply  tli' 
services  of  a  (lei)tor  on  account  of  the  judgment  o!i- 
tained,  the  debtor  was  not  imprisoned;  but  from  tiu' 
low  wages  allowed  it  was  easy,  in  most  cases,  for  the 
credito]',  by  making  fuitlu>r  a<lvances  from  tinn'  t" 
time,  to  reduce  the  debtor  to  a  state  of  peonagi'  ami 
hold  him  in  l)ondage  for  life.  For  debt,  theft,  ainl 
murder,  the  customary  sentence  was  the  same,  ';'i  l;i 
ciircel,'  and  the  offender  was  likidy  to  remain  about 
as  long  ilirough  inability  to  pay  an  insignificant  >\m 
of  money  as  for  the  gravest  of  crimes,  always  pro\  iJi'l 
that  notl  ing  was  forthcoming  for  pur[»oses  of  bi-iln  iv 

The  mode  of  punishment  was  fine  and  impri-nii 


MORMON  JUSTICK. 


55 


LUIS  in  some 
fueros;  for  it 
y  jurisdiction 
uiutirt',  iu  tlic 
uusucoessl'al, 
L  consequoiK'o 
c  ect'lesiastiral 
mils." 

Idom  iu  strict 
0,  and  l)rilKiy 
ot  the  nionrv 
dinost  sure  to 
ption  of  couits 
iful  features  of 
il  (.-ontest  wi'li 
CO,  tor  if  jui!.; 
.it  with  moiiyy 
.t  to  neutrali/i 
em.     A  pei'>>';i 
u  the  cdluli"'-- 
without  wealth 

iuhuinisten.il 

of  the  ott'euiv. 

vindication  "f 

the  evil-doti 

jss  to  a|)ply  tho 

judgment  oli- 

;'but  fi'om  thf 

t  cases,  for  tli*' 

from  tinii'  t" 

f  peoiia<4'e  :iu4 

[cht,  tlie'ft,  aii'l 

the  same,  ':i  ';' 

reniain  ahoiit 

si<4niticant  sum 

d ways  pro vi<K'l 

tsesof  brilii'i'} 
and  iniprix'" 


I.) 


[) 


ment,  which  in  a  society  so  dull,  oivcn  to  such  sensual 
,L;ratiiications  as  lav  witliin  tlieir  reach,  was  by  no 
means  the  most  awe-inspirin_ij;'  or  etfeetual.  Fine  could 
not  be  exacted  wliere  the  otlender  possessed  nothing; 
and  ini|)ris()mnent  implied  shelter  and  food,  comforts 
not  always  within  the  reach  of  all. 

iiodily  infliction,  though  open  to  the  charge  of 
brutality,  is  after  all,  in  some  form,  the  only  ])unish- 
nu  lit  capable  of  holding  crime  in  check.  Some  abhor 
wliij)[iing  from  the  })ain  it  brings,  others  from  the 
disgrace  attending  it;  all  fear  death.  As  for  tlie 
relative  brutality  of  corjKjral  [tunishmcnt  and  im- 
prisonment, I  think  under  analysis  the  sentiment 
w  oiild  signify  a  caprice  of  fashion  rather  than  a  vital 
ditlere!ice.  To  cage  a  human  being  like  a  wild  beast, 
t>v  to  chastise  him  and  give  him  his  liberty,  there  is 
nil  this  ground  little  choice. 

In  L  tall  religious  fanaticism  aljsorbed  all  sense  of 
)u>-tice.  To  dis(jl)ey  the  church  was  never  so  much 
a>  thought  of  among  its  followers.  For  any  number 
of  Mormons  to  assume  attituiles  antagonistic  to  their 
leadei's,  or  to  divine  revelation,  was  scarcely  deemed 
l>ossihle.  The  MomKni  theocracy  left  no  place  for 
<|Uestioning ;  where  (lod  himself  inuuediat el v  governed. 


then 


nu 


leed. 


was  law 


^acrof 


I   tl 


HIIL!', 


Tl 


lere   was 


little  need  (»f   judicial  mechanisms,  c<nirt  jugglerie- 


toi'ni:- 


or 


furbel 


ows.      (lod's  will   was   law;   that   will 


as  made  known  by  the  mouth  of   his  pr(»phet 


that  the  voice  of  the  church  itself  was  la 


w 


IJn.l 


el' 


suc!i  a  regime,  the  little  pimishnit'iit  little  children 
re(|uire(l  was  easily  administered,  and  the  s|)irit  of  law 
and  order  iirought  these  blind  and  ignorant  worshi[)- 
pers  to  their  knees,  and  held  them  there  in'bi'eathless 
awe.  I  ncKr  a  theocratic  government,  no  less  than 
un(Ur  a  strong  despotic  government,  we  shall  look  in 
vaiu  for  the  jtopular  tribunal.  The  necessity  lor  such 
an  (jrgani/.ation  could  not  exist,  or  if  it  did,  the 
material  (  om|)o>ing  it  could  not  bo  found;  for  if  such 


50 


ENUENDERI\(i  CONDITIONS. 


principles  obtained  there  would  no  longer  be  any 
theocracy.  Utah  cannot  boast  of  a  single  respectable 
mob,  if  we  exclude  from  such  category,  as  certainly 
we  must,  troubles  Avith  natives  and  with  gentiles. 

In  California  the  case  was  different.  Unlike  the 
tribes  of  Arizona,  New  Mexico,  and  northern  Mexico, 
tlie  natives  of  the  great  valley  drained  l)y  the  Sacra- 
mento and  the  San  Joaquin  were  weak,  defenceless, 
peaceable.  The  attention  of  the  miners  was  not  ab- 
sorbed, their  interests  were  not  welded  by  fear  of  the 
savages.  The  poor  creatures  aboriginally  inhal)itiiin 
the  Sierra  Foothills  were  little  disposed  to  retaliate 
the  insults  and  outrages  heaped  upon  them;  should 
the}"^  now  and  then  attempt  to  right  a  wrong,  a 
hundred  lives  for  one  was  regarded  j^oor  paynn^nt, 
and  such  impious  justice  soon  swept  them  away. 

Utah  had  much  law  and  few  people;  California  had 
many  peojde  and  little  law.  I  do  not  speak  as  in 
relative  numbers,  but  as  to  the  relative  intelligence, 
force,  and  capabilities  of  the  people.  California  wa- 
little  cursed  by  superstition;  probably  there  never 
were  assemlded  from  all  nations  a  greater  number 
whose  minds  weie  so  enfranchised  from  the  tyranny 
of  ancient  traditions,  and  whose  thouglits  wore  s<i 
free.  In  such  a  society  we  may  confidently  look  lj(jtli 
for  evil-doers  and  for  those  possessed  of  will  and 
strength  enough  to  punish  them.  The  true  followci> 
of  the  prophet  could  never  do  wi'ong;  they  were  not 
endowed  with  wit,  wisdom,  and  energy  sutheient  for 
the  achievement  of  great  wickedness.  Tliis,  however, 
applies  oidy  to  the  earlier  immigrants,  whose  miiid- 
were  at  first  dazed  under  the  illumination  of  tin 
bright  skies  of  Utah,  bein^  so  suddonlv  transformed 
thither  from  the  dark  places  of  Euroi)e  and  America 
It  cannot  be  truthfully  saiil  of  the  people  of  Utah 
that  they  were  long  non-progressive.  Behold  even 
now,  as  their  vestments  ai-e  becoming  somewhat 
<;leansed  of  the  ditch-water  of  England  and  Germa?iy 
bv  the  pure  springs  of  their  American  oasis,  do  they 


EARLY  SOCIETY  OF  NEVADA. 


«7 


rer   be    any 
respectable 
as  certainly 
rentiles. 
Unlike  tin' 
crn  Mexico. 
y  the  Sacra - 
defenceless, 
was  not  ab- 
f  fear  of  the 
y  inhabitin<4 
[  to  retaliate 
leni;    should 
a  wrong,  u 
)or  payment, 
n  away, 
'alifornia  liad 
spi-ak  as  i'> 
!  intelligence, 
'alifornia  was 
there  never 
niter  inunber 
the  tyranny 
rrhts  were  so 
itly  look  both 
of   will  ap'l 
rue  follower^ 
ley  were  net 
sutheient  fur 
'his,  however, 
whose  mind- 
lation   of  tin 
transforniei'l 
and  America 
Dple  of  XJtali 
Behold  even 
ig    somewhat 
aiul  German  V 
oasis,  do  they 


.^  not   keep   faithful   vigil   over  what  they  deem    the 
m  liighest  and  holiest  gifts  that  ever  deity  delivered  to 
1  man?     And   is  not   their  material   improvement  to 
I  some  extent  the  outgrowth  of  their  steadfast  devotion 
to  their  religion? 

In  society  and  morals  the  early  days  of  Nevada 
were  a  counterpart  of  the  early  days  of  California. 
As  illustrative  of  the  attitudes  of  law,  when  law  with 
slow  step  and  solemn  demeanor  drew  nigh,  and  that 
])0])ular  sentiment  which  in  border  communities  seizes 
so  (|uickly  the  throat  of  a  difficulty,  there  is  told  a 
story  of  one  of  Nevada's  governors,  who  had  pardoned 
a  ))erson  whom  the  citizens  had  voted  a  rope,  and  had 
refused  to  pardon  another  who  had  shot  hi.'-'  man,  'only 
ill  play  like.'     This  did  not  at  all  suit  the  jtopular  idea 
of  propriety.     So  the  people  of  Virginia,  wlio  by  this 
time  had  acquired  the  name  of  the  'cussedest  ciowd 
in  Christendom,'   and  who  regai'ded    It  as   not   un- 
reasonable to  expect  from  their  landlord  every  morning 
'a  dead  man  foi*  breakfast,'  came  indignantly  together 
to  fjee  what  should  be  done.     After  discussing  the 
natter  potationally  and  at  length  without  arriving  at 
nv  salisfactorv  conclusion,  one  of  their  number  arose, 
nd  witliout  saying  a  word,  cut  from  a  new  rope  a 
ieee  several  inches  in  length,  and  labelling  it,  '*For 
is  Excellency/'  despatched  it  to  the  govei-nor.     This 
as  sufficient;  the  meeting  adjourned  .satislicd. 
For  some  time  after  the  acquisition  of  the  country 
oin  Mexico  by  the  United  States  Government,  under 
eatyof  Guadalupe  Hidalgo  in  1848,  Nevada  formed 
art  of  the  territory  of   Utah,   from  wliich  it  was 
l»arated   by  Act  of  Congress  approved   March   2, 
8(;i.     Jkit    as   early   as    1857   the    inhabitants    of 
evada   had  endeavored   to  sever  their  connection 
P'ith  ]\Iurnion  rule.     Delegates  to  Washington  urged 
'le  establisliing  of  a  separate  government.     Mean- 
le  the  discovery  of  silver  at  Vir^jcinia  in  the  sum- 
ner  ot  18G9  Ijrought  in  a  large  mixed  class,  rougher 


58 


ENGENDERING  CONDITIONS. 


and  inoro  reckless,  if  })ossiblc,  than  that  composing 
the  Calitornian  Inferno. 

A  district  judge  apjxtinted  for  Utah  was  assigned 
tliis  portion  of  the  territory,  and  began  his  duties  in 
18G0,  but  confusion  and  insecurity  were  httle  lessened 
thereby.  Finally,  on  the  .'jlst  day  of  October,  18G-I, 
Nevada  was  admitted  as  a  state;  but  several  years 
elapsed  before  efficient  courts  of  Justice  succeeded 
in  intimidating  crime,  ^[eanwhilc  the  peo[)le  wer^ 
obliged  to  administer  punishment  in  their  own  way  or 
give  the  land  over  to  desperadoes. 

As  early  as  1848  a  few  families,  mostly  Mormons, 
settled  in  the  valleys  of  Carson  and  Washoe.  In 
answer  to  the  mandate  issued  from  Great  Salt  Laki' 
in  1855  for  the  faithful  everywhere  who  would  escajn' 
the  destruction  shortly  to  fall  uj)i)n  the  gentile  world 
to  gutlier  beneath  the  many-wived  shepherds'  wings 
at  the  city  of  the  Saints,  sacrilicing  their  homes, 
with  alacrity  they  obeyed;  after  which  time  the  ch;ii- 
aracter  of  the  settlers  of  that  ])ortion  of  the  territoi  v 
changed.  A  more  lawless  class  occupied  the  fariii^ 
which  the  Mormons  had  cultivated,  antl  the  e\il 
clement  was  increased  l)y  the  overland  travel  which 
dropped  among  them  an  occasional  ruffian  of  the 
hiirliest  attainments. 


I 


The  progress  of  settlement  in  the  tcri'itory  of  Oregi  ii 
was  slow  in  comparison  with  that  of  almost  all  otlui' 
portions  of  tlie  west,  but  it  was  sure  and  ]X'rmaneiit. 
The  arts  and  usages  of  civilized  society  introduced  l>v 
the  Hudson's  ]^ay  Company  and  continued  by  thf 
Northwest  Company  were  simple  and  crude;  and 
those  of  the  agricultural  settlers  who  succeeded  the 
fur-hunters  were  but  little  better. 

Far  different  froni  the  hot-house  development  I'f 
California,  Idaho,  and  Nevada  was  that  of  Oregon  ninl 
Washington,  if  we  except  the  comparatively  smnll 
mining  districts  within  these  territories.  While  the 
former  were  rioting  in  their  easily  acquired  wealth, 


THK  NORTH  PACIFIC  COUNTRY. 


sg 


t  compoHinj;" 

^vas  assigned 
his  duties  in 
ittle  lessened 
L'toher,  1804, 
several  years 
20  succeedei  I 
people  weri' 
r  own  way  tn' 

ly  Mormons. 
^Vaslioe.  Ill 
at  Salt  Lake 
would  escajii' 
ovntile  worlil 
)herds'  win,L;>^ 
their  homes, 
ime  the  chui- 
the  territoiv 
ed  the  I'ariu- 
uid  the  evil 
travel  whi<li 
Liftian  of  till' 


orvof  Orea'«'ii 
iiost  all  otlu  I' 

I  permanent. 

ntroduced  liv 

inued  by  11  if 

crude;    and 

uccoedcd  the 

velopment  I'f 
t'  Orejxon  .'ind 

11 

ativcly  sni.iU 
Wiiile  Ihc 
uircd  wealtli, 


o-and.liiin-,  drinkinir,  speeulatino-,  flin^nng  their  big  bags 
of  g(jld-(hist  hither  and  thither  as  if  it  was  of  all  things 
the  least  valuable,  tlu;  territories  north  were  }tlo\ving 
tluir  tough  acres  and  plodding  over  their  severe  task 
of  subjugating  nature.  Little  foothold  erime  had 
tliere.  TliLie  was  nothing  to  steal.  Cattle  were  not 
worth  much;  the  ground  could  not  be  carried  away; 
au<l  houses  were  so  far  a}iart,  and  savages  so  bad,  that 
thi'  horse-thief  would  be  more  likely  to  starve  than  to 
get  ;i\\;iv  safely  with  his  jdunder.  So  that  during  the 
time  the  mining  states  were  suifering  so  severely  from 
the  inroads  of  crime,  tlie  agricultural  states  of  the 
Pacific  were  almost  wholly  exem[)t.  Nevertheless 
iitful  s])asms  of  arbitrary  justice  broke  forth  at  in- 
tervals in  the  staid  cold-water  state. 

fdaho  belongs  to  what  was  once  po])ularly  called 
the  I'ppei'  Country,  aboriginally  occupied  by  dusky 
rices  which  tji"  :t  l)ecame  l<nown  to  I'^uropeans  througli 
the  adventurous  trapj)ers  who  ]>enetrated  those  wilds. 
Ijv  the  magic  ])ower  of  gold,  discovered  on  the  banks 
of  the  Pen  d'Oreille  Kiver  by  a  French  Canadian  in 
I  s  j'J ;  discovered  in  yet  greater  (|uantities  at  Oro  Fino 
by  a  ])artv  of  eleven  men  in  the  summer  of  18G0,  this 
wilderness  was  opened  to  civilization. 

l'\)llowing  the  discovei-y  of  gold  at  Oro  Fino, 
twenty-live  j)ersons  wintered  at  that  }>lace,  cut  oft* 
from  all  intercourse  with  the  world  without.  The 
s[)ringof  18(!l  saw  two  individuals  on  their  way  to  the 
new  gold-lields,  and  emigration  led  to  the  linding 
of  rich  placer  mines  at  Florence,  on  the  tributaries  of 
Salmon  River,  at  Warren's  Diggings,  and  elsewheie. 
By  the  1st  of  January,  18(13,  twenty-five  hundred 
men  had  found  their  way  into  Boise  Basin,  the  largest 
and  richest  placer-mining  region  discovered  up  to  this 
time  outside  of  the  limits  of  the  valley  of  California. 
To  the  first  town  established  in  Boise  Basin  was  given 
the  elegant  and  euphonious  name  of  Hog'em,  after- 
ward changed  to  Pioneer  City.     In  Boise  Basin  are 


60 


ENGENDERING  CONDITIONS. 


hil! 


\U,i' 


likewise  the  towns  of  Centruville,  Placerville,  and 
Idaho  City,  at  first  called  Bannock  City.  About 
thirty  miles  south-west  from  Idaho  City,  on  the  Boise 
River,  is  Boise  City.  In  the  southern  part  of  the 
territory  were  the  quartz  and  placer  mines  of  Owyhee 
County,  discovered  in  the  spring  of  18G3  by  a  pros- 
pecting party  from  Boise  Basin  under  one  Gordan. 
In  the  Owyhee  district  were  Silver  City,  Ruby  City, 
and  Boonville. 

Up  to  the  beginning  of  18G3,  Idaho,  as  a  territorial 
division  of  the  United  States,  had  no  existence;  but 
drawn  bv  its  newly  found  wealth  to  the  attention  of 
])olitical  aspirants  by  act  of  congress  approved  the 
3d  of  March,  1 8G3,  the  territory  of  Idaho  was  created 
from  contiguous  i»ortioiis  of  Washington,  Dakota,  and 
Nebraska.  It  is  a  wild,  mountainous  region — the 
term  Idalio  signifies  Gem  of  the  ISIountain-r-well  fitted 
for  wild,  roving  men,  but  rich  enough  withal  in  those 
metals  that  civili:^ation  covets  to  set  wrangling  and 
blood-lotting  a  goodly  number  of  the  lovers  of  disorder. 

As  early  as  18G2  the  people  of  Lewiston  effected  a 
regular  and  comjilete  vigilance  organization.  Books 
were  ojioned  for  the  enrollment  of  the  names  of  such 
as  desired  to  become  members  of  the  association. 
Tlie  list  ra})idly  swelled,  and  the  Lewiston  Vigilance 
Committee  proved  a  most  efficient  institution  for  the 
punishment  and  suppression  of  outlawry.  In  other 
localities,  also,  the  people  found  it  necessary  to  organ- 
ize for  mutual  protection  almost  as  soon  as  they  had 
come  too-ether. 

Montana  was  once  a  part  of  Idaho,  and  nowhere 
were  popular  tribunals  more  necessary  or  their  execu- 
tions more  numerous.  Colorado,  likewise,  during  the 
earlier  develojnnent  of  her  mineral  resources  per- 
formed anew  the  noM-  stereotyped  tragedies  of  the 
Pacific  States. 

But  we  must  go  to  California  if  we  would  examine 
these  extra-judicial  phenomena  in  the  freshness  of 
their  first  appearing. 


f 


erville,  and 
ty.  About 
,n  the  Boise 
part  of  the 
\  of  Owyhee 
J  by  a  pros- 
)nc  Gordan. 
Ruby  City, 

i  a  territorial 
istence;  but 
attention  of 
pproved  the 
I  was  created 
Dakota,  and 
region — the 
1— well  fitted 
thai  in  those 
rangling  and 
s  of  disorder, 
on  effected  a, 
:ion.  Books 
ames  of  such 

association, 
on  Vigilance 
ution  for  the 
y.  In  other 
:iry  to  organ- 

as  they  had 

ind  nowhere 

their  execu- 

!,  during  the 

^sources  per- 

edies  of  the 


3 


uld  examine 
freshness  of 


CHAPTER  IV. 

SIGNIFICATIONS  OF  STORM. 

Cada  uno  C3  como  dios  lo  hizo,  y  auii  poor  muchaa  voces. 

Don  Qnijote. 

In  the  absence  of  that  vis  vltce  which  crowds  out- 
ward and  onward  progressive  intelligence,  there  can  be 
no  groat  demonstrations  of  evil,  except  as  it  appears 
in  the  form  of  fanatical  fermentations.  A  comnuinity 
too  lazy  or  too  stupid  to  improve  breeds  few  skilled 
villains. 

There  is  scarcely  an  instance  on  record  wlitn^e  the 
Hispano-Californians,  before  the  advent  of  foi.igncr.s, 
indulged  in  popular  tribunals.  The  liijoH  del  pah,  as  a 
rule,  were  in  favor  of  letting  the  law,  as  well  as  every- 
thing else,  take  its  own  course.  Xevertheless,  revolu- 
ti<ju  was  chronic  here  as  elsewhere  throusrhout  the 

1  •      •  •  • 

donunion  of  republican  Mexico.  Bad  governors  sent 
among  them  they  resisted,  and  usually  with  success; 
but  their  political  integrity- vindicated,  they  left  the 
administration  of  justice  to  legitimate  authorities. 
()l>udlonee  to  the  laws  was  taught  them  as  a  religious 
.duty;  and  as  they  were  superstitious  in  their  religion, 
So  Were  i\\Qy  in  their  obedience  to  law.  I  find  on 
[record  an  incident  that  occurred  at  San  Diego  the 
2Gth  of  March,  1833,  which  was  a  military  move- 
ment rather  than  a  popular  demonstration,  thougli 
frequently  the  two  terms  were  synonymous.  Antonio 
Alipjls,  private  of  the  presidial  company  of  Loreto, 
was  under  arrest  at  the  guard-house  at  San  Diego, 
when,  between  six  and  seven  o'clock  in  the  evening, 

(61) 


^ 


m 


SIGNIFICATIONS  OF  STORM. 


B-ll-.' 


Tnocencio  Arhallo,  corporal  of  tlio  same  company,  with 
seven  privates,  all  armed  and  mounted,  rode  up  to  ^lic 
LMiard- house  and  demanded  of  the  seiufeant  com- 
niaiidini^  the  delivery  of  Alipsis.  The  sei'^^eant  re- 
fusing, the  soldiers  forced  the  guard-house  and  took 
the  [irisoner  with  them. 

From  1810  to  184(!,tliat  is  to  say  during  the  entire 
j)eriod  of  ^Fe'-xiean  domination  under  the  I'einiMic, 
there  were  but  six  munh^s  among  the  whiti^s  in  all 
California.  .\s  in  tlu;  golden  reign  <»f  iOngland's  good 
King  Alfri'd,  a  log  cabin  could  hold  all  the  criminals 
in  the  country.  There  were  tlien  no  jails,  no  juries, 
no  sherilfs,  law  ])rocosses,  or  courts;  conscience  and 
public  opinion  were  law,  and  justice  held  an  evenly 
balanced  scale.  During  the  seven  years  succeeding 
1850  there  were  in  Los  Angeles  countv  alone  some 
tifty  murdi'is,  without  taking  Indians  into  the  account. 
What  was  the  cause  of  it.''  The  native  Calil'oinians 
were  niost  of  all  horrilied  at  the  change,  and  yet  tlie 
native  Califoi'nians,  witli  the  assistance  and  under  the 
tutorage  of  their  brethren  of  Sonora  and  other  parts 
of  northern  Mexico,  did  mo.st  of  the  robbing  and 
murdering.  They  M'cre  horrified  that  'society  had 
so  changed,  not  thinking  that  they  had  changed. 
The  advent  of  foreigners,  some  of  whom  were  evil- 
minded,  was  the  signal  for  a  new  departure.  The 
Californians  were  excellent  horsemen;  they  knew  all 
the  retreats  and  passes  of  the  mountains;  throughout 
the  entire  rcij^ion  the  settlers  were  their  relatives  and 
friends,  mIio  spoke  their  language.  ]\Iany  of  the 
Americans  treated  them  badly;  retaliation  was  natu- 
ral and  escape  easy.     Such  is  the  origin  of  the  matter. 

From  original  documents  in  my  possession  I  take 
the  following  account  of  the  doings  of  what  may  safely 
be  called  the  first  committee  of  vijjilance  in  California. 
It  is,  moreover,  the  only  instance  of  summary  illegal 
jtroceedings  in  this  territory  under  Mexican  rule; 
and  this,  I  might  say,  was  almost  wholly  an  affair  of 
the  cstraiKjerits. 


mpany,  with 
>ile  uj)  to  ^lio 
•ijft'ant  com- 
sergeant  re- 
st' ami  took 

ig  the  ontiiv 
he  I'opilMic, 
vhitus  in  all 
ghuid's  good 
he  crimiiials 
s,  no  juries, 
isfienee  and 
d  an  evenly 
1  succeeding 

alone  some 
the  account. 
Calilornians 
and  yet  the 
d  under  the 

other  parts 
obl)in<»'  and 
society  had 
d    changed. 

I  were  ovil- 
rture.  The 
?y  knew  all 
throughout 
jlatives  and 
inv  of   the 

II  was  natu- 
tlie  matter, 
sion  I  take 
:  may  safely 
L  California, 
nary  illegal 
xican  rule; 
an  affair  of 


,i 


r,0.\HI>  OF  I'URUC  SKCURITY.  01 

To  certain  foreigners  jnesent  at  the  time,  Temple, 
rnidon,  and  others,  rather  than  to  the  llispano- 
("idilonuans  themselves,  this  trilmnal  and  its  calm 
iind  oi'drrly  carriage  was  due.  Left  to  the  super- 
stitious \vorshipi)ers  of  church  and  state,  the  })opular 
dfUionstration  had  not  been;  or  if  it  had  occurred, 
it  would  have  Ijeen  attended  by  gro.ss  excesses, 
.sucli  liiiiig  the  character  of  blindness  and  bigotry — 
cowMidicc  Hrst,  then  insane  savagery. 

Oil  tlu'  ii«th  of  March,  l8o7,  J)omingo  Foliz,  a 
pool'  raiichiro,  but  a  man  of  good  repute,  while  on  his 
way  from  Los  Angeles  to  his  rancho,  and  acconi pained 
by  his  wife,  ^Faria  del  llosario  Villa,  was  attacked 
and  slain  by  ( Jci'vasio  Alipas,  a  man  of  notoriously  bad 
character,  aided  and  abetted  by  tlie  woman.  1^'or 
some  two  years  previous  to  this  tinier  tlui  murderer 
had  been  living  in  shamelessly  open  adultery  with  the 
woman,  and  oiilv  the  dav  bcl'ore  the  nuu'der  had  her 
liusband,  invoking  the  aid  of  the  alcalde,  been  able  to 
se])arate  lier  I'rom  her  paramour,  who  swore  to  take 
speedy  vengc>ance.  A  committee  of  citizens  was  sent 
hy  the  alcalde  to  fetch  the  corpse.  Horror  and  in- 
•  lignation  took  possession  of  all  minds,  and  while  for 
the  murdered  man  the  mercy  of  God  was  imploivd, 
c\cni])larv  jtunishment  for  his  nnu'derers  was  debated. 

Tliat  night  Alipils  and  the  woman  were  securely 
lodged  in  jail.  Some  were  desirous  that  the  criminals 
should  b(j  innnediately  executed ;  but  their  ardor  was 
re-trained  by  the  greater  prudence  of  (others,  who 
reminded  them  that  such  proceedings  could  only  bo 
I'xcused  on  the  ground  of  necessity,  and  when  canied 
out;  with  coolness  and  in  accordance  with  the  rides 
and  ])iinciplcs  of  strict  justice. 

The  wisdom  of  these  suggestions  was  acknowledged, 
and  the  threatened  outbreak  checked.  On  the  aoth 
the  iuueral  of  Feliz  took  place,  and  the  occasion  gave 
rise  to  a  renewal  of  the  popular  clamor.  Nothing 
but  the  assassination  was  talked  of,  and  the  sentiment 
was  fully  ajiproved  that  an  example  was  necessary  to 


64 


SIGNIFICATIONS  OF  STORM. 


prevent  the  possible  occurrence  of  similar  crimes. 
But  holy  week  was  at  hand,  and  it  was  thought  it 
would  be  tantamount  to  sacrilege  were  the  blood  of  so 
foul  an  assassin  to  stain  the  remembrance  of  that  most 
solemn  of  tragedies.  Therefore  the  first  work-day 
after  caster,  which  would  be  the  6th  of  April,  wa> 
fixed  on  as  that  of  the  execution.  A  heavy  storm 
which  raged  during  the  whole  of  that  day  made  post- 
ponement necessary,  but  on  the  7th,  at  an  early  hour, 
the  most  respectable  men  of  all  classes  of  the  com- 
munity assembled  at  the  house  of  John  Temple. 
A  Junta  Dcfensova  de  la  Segundad  Puhlica,  or 
Board  of  Public  Security,  was  organized.  Victor 
Prudon,  by  birth  a  Frenchman,  but  a  naturalized 
citizen  of  Mexico,  was  chosen  president.  Manuel 
Arzaga,  ex-secretary  of  the  town  council,  was  elected 
secretarv,  and  a  retired  officer  of  the  arniv,  Francisco 
Araujo  by  name,  appointed  military  commandant. 

On  taking  the  chair  Prudon  said  that  the  aims 
of  the  junta  were  laudable  and  beneficial,  just  as 
well  as  necessary;  that  they  had  their  origin  in 
the  groat  underlying  priiiciple  of  natural  law,  self- 
preservation  ;  that  oven  the  government  must  acknowl- 
edge that  tliis  action  wan  a  necessary  compliance  with 
duty;  while  the  result  might  be  the  establishment  in 
the  territory  of  what  tlie  people  had  earnestly  and 
repeatedly  asked  for,  a  superior  tribunal  clothed  with 
full  powers  to  supplement  thorough  investigation  by  a 
final  sentence  in  all  grave  cases  of  crime.  He  con- 
cluded by  recommending  order,  the  preservation  of 
which  was  their  chief  end,  since  they  were  defenders, 
not  ofl^enders.  Speeches  were  also  made  by  the 
military  commandant  and  others,  and  lengthy  reso- 
lutions, embodying  sentiments  akin  to  the  above, 
unanimously  adopted.  It  was  then  determined  that 
both  the  man  and  the  woman  should  be  shot.  The 
junta  was  declared  to  be  in  permanent  session  until 
such  time  as  the  object  which  called  it  into  beinuj 
should  be  accomplished,  and  measures  to  that  end 


ACTION  OF  THE  JUNTA. 


68 


ilar  crimes, 
thought  it 
blood  of  .so 

f  that  most 

it  work-day 
April,  was 

leavy  storm 
made  post- 
early  liouv, 

3f  the  coni- 

hn  Temple. 

Piihlica,    or 

ed.  Victor 
naturalized 

it.  Manuel 
was  elected 

y,  Francisco 

Liandant. 

it  the  aims 

ial,  just  as 

r  origin  in 
1  law,  selt'- 

istacknowl- 
liance  with 
ishmcnt  in 

mostly  and 

othed  with 

gation  by  ii 

He  con- 

orvation  of 

defenders, 

dc    by    the 

gthy  reso- 

the  above, 

lined  that 

hot.     The 

ssion  until 

into  beini,^ 

that  end 


rcTC  after  discussion  unaniinousl 
two   oVloek   a   sub-committoi 


V  concurred  m. 


At 


itl 


f   th 


■-* 


)e,    with  a  copy  ot    tne 
resolutions,   waited  on    the   alcalde,  who   tliereupon 
Iconvened  the    town    council.     At   three  o'clock,  no 
Iconnnunication   liaving    been   received  from   the  al- 
caMe,  a  message  was  sent  by  tlie  junta  to  that  official, 
inotifving  liim  that  the  time  allowed  for  his  action  had 
Relapsed,  and  iufornung  him  that  the  resolutions  of  the 
uiita  were  about  to  be  carried  into  oT-.'ct.     No  answer 
,vas  returned;    but  the  second  alcalde,  accompanied 
iby  the  treasurer  and  another  member  of  the  council, 
ppeared  bifore  the  junta  and  desired  to  be  informed 
if  that  Ix^dy  I'ccognized  the  legally  constituted  author- 
ties,  and  if  so,  wliat  might  bo  the  significance  of  this 
llegal  assembly  of  armed  men.     The  former  question 
as  answered  in  the  affirmative,  and  the  answer  to 
he  latter,  the  magistrate  was  Informed,  was  contained 
in  the  resolutions  which  had  been  sent  to  the  first 
alcalde. 

At  liair-])ast  three,  by  order  of  the  junta,  peaceable 

possession  of  the  guard-room  of  the  jail  was  taken. 

No  answer  had  yet  been  received  from  the  first  alcalde, 

it  hough  he  had  sent  a  mend)er  of  the  council  to  invite 

he  president  of  the  junta  to  a  conference,  to  which 

t'i|uest  answer  was  made  to  the  eU'ect  that,  apart  from 

he  Junta,  the  pros!  lent  was  not  at  liberty  to  enter 

nto  negotiations.    At  four  t)'eloek  both  alcaldes  made 

heir  a]i[)eaiancc  before  the  junta;  a  resolution  of  the 

ouiicil  ('ondemnatory  of  the  proposed  illegal  action 

ts  rrad,  and  an  attempt  made  to  dissuade  the  junta 

roiu  its  puri)ose.     Convinced  that  their  efforts' were 

•less,  the  authorities  withdrew,  after  enjoining  on 

linsu  jiresont  the  preservation  of  order,  anil  receiving 

he  assurance  that  all  measures  necessary  to  that  end 

lad  been  taken. 

Hepeated   messages    requesting    his    presence    for 
piritual  i)urj)oses  in  this  connection  at  Los  Angeles 
lad  been  sent  to  Father  Cabot  of  San  Fernando,'^  but, 
although  he  promised  so  to  do,  he  did   not  come. 

Toi'.  Tmi).,  Vol.  I.    6 


) 


66 


SIGNIFICATIONS  OF  STORM. 


The  junta  would  wait  no  longer;  the  confession  of 
the  criminals  must  be  dispensed  with. 

The  military  commandant  was  more  compliant 
than  the  alcaldes;  he  caused  arms  to  be  given  to  tlic 
firing  party,  and  gave  orders  necessary  to  the  occcosion. 
At  halt-i)ast  four  the  president  of  the  junta  ordered 
Alipas  to  be  brought  forth  for  execution.  Already 
his  irons  had  been  filed  so  deeply  that  a  single  blow 
of  the  hammer  released  his  hands.  The  man  was 
then  shot,  and  after  him  the  woman.  Thus  solemnly 
was  j)erformed  this  first  summary  act  of  justice  in 
California. 

Mr  John  S.  Hittell,  as  related  in  his  Iliston/  of  S(i,> 
Frdncisco,  was  informed  by  Jacob  P.  Leesc  that  early 
in  1836  one  Verdugo  applied  to  the  alcalde  of  ].(;s 
Angeles  for  an  order  to  recover  a  deserted  wife.  Tlir 
order  was  grantetl  and  the  wife  recovered.  On  th 
way  to  his  rancho  Verdugo  was  murdered  by  the  wife 
and  lier  paramour.  The  nmrderers  were  taken,  triid. 
and  executed  by  the  people,  the  alcaldes,  Maiiud 
Ile(]U(!na  and  Abel  Stearns,  intcr})osing  no  objections. 
Probably  Mr  Leesc  referretl  to  the  same  affair  the 
account  of  which  I  have  ju.st  given. 

Although  gold  was  found  by  ^Marshall  at  tlio 
Coloma  saw-mill  in  January,  1848,  it  was  not  until 
midsummer  that  the  people  of  California  would  Ik- 
lieve  the  discovery  worthy  their  consideration.  AVhcn 
fully  alive  to  its  importance  they  dro}>ped  their  several 
occupations  and  set  out  for  the  Sierra  Footliill- 
Everybody  went.  First  the  settlers  and  immigrants: 
fur-hunters  turned  to  hunting  gold,  and  the  Monn(iii> 
paid  Mannnon  their  respects  for  the  moment.  TIkii 
Benicia,  Sonoma,  San  Francisco,  San  Jose,  .nul 
]Monterey  were  quickly  depopulated.  And  as  the 
ti(Ungs  travelled  southward,  ami  bags  of  the  wor^liip 
ful  dust  were  displayed  to  the  gaping  crowds,  Inn- 
(jf  diggers  were  formed  from  more  distant  pLtres. 
Many  of  these  persons  were  known  to  each  otlar: 


Tin:  cm: AT  gold  discovkry. 


67 


confession  of 

irc  complianl 
;  given  to  tlie 
)  the  occasion, 
junta  ordered 
ion.  Alreaily 
a  single  blow 
The  man  was 
rhua  solenuilv 
;  of  justice  in 

niston/  of  S(t,i 
2eso  that  cavly 
ilcalde  of  Lis 
ted  wife.  Tli< 
cred.  On  th 
•ed  by  the  wife 
re  taken,  tried, 
paldes,  Mamal 
no  objections, 
anie  alVair  tho 


irshall  at  the 
was  not  until 
lia  would  loc- 
ation. ^VlK•n 
<l  their  sovi'ial 
rra  Footliill>. 
id  immigrants; 
the  Monu<ni> 
onient.  Tlun 
an    Jose,   Mini 

And  as  tlio 
f  the  worshii'- 

crowds,  lini> 
iistant  pliirt's. 
:o  each  otlar: 


fw  ((f  tliem  were  wholly  unknown;  most  of  them 

were  resjKctaltle.     They  wore  not  thieves,  but  honest 

nieii,  who  had  come  into  this  bright  wiMcniess  to  dig 

fill-  gold,  and  not  to  defraud  their  neighbors.     Peace- 

nltlv  ami  in  the  primitive  way  cacli  for  himself  i)icked 

the  ]»reeiou.s  suhstance  from  river-beds  and  crevices, 

washed  it  from  the  sands  that  lined  the  streams,  or 

ifcoiight  a  spot  in  which  to  dig  tor  it,  with  no  desire  to 

■cneroach  on  ground  chosen  by  another.     Rights  w^ere 

respected;    theft   was   unknown.     A  pick  or  shovel 

thrown  upon  the  ground,  sticks  driven  into  the  earth, 

or  a  written  and  posted  notice  to  the  effect  that  a 

■certain  spot  was  elaimod,  was  sufficient  to  secure  it 

against  all  comers.     Miners  lived  nuich  in  the  open 

ail-,  in  cloth  tenements,  or  under  bushes,  or  in  rude 

huts,  yet  they  left  tiieir  goUl-dust  in  bags  or  bottles 

miguai'ded  in  their  tiMit  or  cabin.      The  merchandiso 

of  the  trader  was  secured  only  by  walls  of  cloth  which 

might  b(.'  opened  with  the  greatest  ease  at  night  by 

means  of  a  pocket-knife.     Goods  stacked  up  by  the 

roadside,  miles  from  any  mining-camp,  remained  un- 

Misturhcd  for  weeks  or  months.     Horses  and  cattle 

;wi'ie  safe  on  ranehos  or  by  the  roadside.     So  in  tlie 

I  tow  lis  wliich    sjn-ang    suddenly  into    existence,    the 

irig'.its  of  projierty  were  respected,  with  no  thought  of 

penalties.     After  the  winter  rains   had   ceased  and 

watei-  for  washing  gold  had  disappeared,  in  certain 

localitit^s  piles  of  rich  dirt  were  thrown  up,  like  garden 

b  (Is.  to  he  washed  out  when  rain  should  come  again. 

Till  High  often  the  result  of  great  labor,  and  containing 

iiiueli  wealth,  these  heaps  lay  undisturbed  throughout 

the  summer,  and  when  autumn  came  fell  to  their 

fright  I'll!  owners.     Differences  of  opinion  were  settle«l 

by  'leaving  it  to  the  crowd.'     The  ima^e  of  a  }>atron 

saint  was  nut  more  safe  from  desecration  at  the  hand 

ot  its  tlevoteo  than  was  the  property  of  miners  from 

rohhcry  hy  brother  miners.     "Men  have  frequently 

al)out   their  ])ersons  thousands  of  dollars'  worth  of 

this  gtdd,"  writes  General  Mason  in  his  official  report, 


fiiilf) 


il'lii^!' 


flt  SIGNIFICATIONS  OF  STORM. 

"and  it  was  to  mo  a  matter  of  surprij>c  that  so  pcaco- 
i'ul  and  (juiut  a  state  of  things  should  continue  to 
exist."  And  so  it  was  tlie  first  comers  found  luiv 
less  discord  than  existed  anywhere  else  in  Christen- 
dom. Would  all  men  were  honest;  would  that  ser- 
pents had  never  cre[)t  into  this  Eden  I 

.Vt  the  seaport  vessels  arrived  faster  than  tluir 
eargt)es  could  find  accommodations  on  shore,  a?id  giciii 
(luantities  of  merchandise  of  all  kinds  was  discluugtil 
and  piled  up  ;dong  the  beach,  all  around  Yerha  B'i<  iia 
Cove,  from  Clark  Point  to  Kincon  Point.  Much  (■!' 
this  mercluiadise  Avas  valuable,  and  all  of  it  wholly  tx- 
[tosed.  Yet  all  this  time  there  w'as  scarcely  a  luck 
on  the  door  of  any  dwelling,  store,  or  warehouse  iu 
the  town  of  San  Francisco.  JJuriu;  >•  this  trulv  "-oldeii 
a<:fe  of  lair  intcijrity  it  seemed  never  to  occur  to  these 
honest  folk  that  tlx.^re  W(!re  any  in  tlie  world  \\]\i> 
wanted  wrongfully  to  take  IVom  tliem  their  jtrojieity. 
A  resident  assures  me  th'it  tlieio  was  but  one  case 
of  theft  at  San  Francisco  prior  to  ()ctt)ber,  lM-19.  A 
Mexican  stole  some  Maiikets  from  Pollard  &  ]>;i!i- 
dalTs  yard,  on  Clay  street,  for  which  he  was  publicly 
whipped  on  the  plaza. 

Vet   earlier   than,  this   San   Jos«j  struck  a  niiini; 
blow    for    legitiniato    jusftice.      Thomas    Fallon,    in 
coming  down  from  the   mines  to  San  Jose,  canlul 
t\vent\-iive    hundred  dollars    in    gold-dust    secntr.l 
about  his  person  and   seven   oui\ces  in  his  pocket^ 
On  the  '22d  of  .December,  1848,  he  camped  near  Sai; 
.loso   Mission  with  three  Americans,  whose  a]»|n;i> 
a  nee  he  thought  suspicious.     He  talketl  with  them  iii 
a  confidential  way  and  told  them  lie  liad  been  von 
successful  in  mining;  that  ho  had  started  with  fiii- 
sideraljle   gold,    ijut   a  few   days   before    had    sent  :i 
man  forwa?-d  with  all  his  money  to  i)Uy  cattle.     T!i<^ 
traded   horses,  Fallon    giving  them   six   out  <n   tli' 
seven  ouiict?s  which  tlu^y  supposed  t(»  be  all  he  Iki'I 
The  Americans  or 


rocee( 


led  on  tiieir  wav  au'l  oveitnoK 


tw(j  (jl^vruuius  with  iiuht  tluAisand  dollars,  whom  tin.' 


o 


W"i' 


^^ 


ABSENCE  OF  LAW. 


fi 


that  so  peaco- 
1  continue  \'< 
rs  fouiul  lifiv 
.  in  ClirisUn- 
auld  that  sd- 

xr  than  tluiv 
lorc,  and  gn^t 
^vas  (hrtchar;4t "l 
LlYcihaB'Mia 
)int.  Miu-U  nf 
jf  it  wh(illy  fx- 
scarcely  a  I'hk 
r  warehouse  iu 
lis  truly  goldi-'U 

0  occur  to  thua' 
the   world  wIk' 

1  their  itr(.]>city. 
ftf3  hut  ono  »'.'>'■ 
toher,  1H40.  A 
Pollard  &  H;'i> 
he  ^^as  puhluly 

struck  a  maui; 
iiuxrt    Fallon,    i" 
an  Jose,  carvii'l 
l-dust    secvrtv.l 
in  his  pockot' 
anipcd  near  Sai; 
whoso  a]i]";i' 
h1  with  tht'iii ;.' 
had  hocn  vi"' 
tartod  with  •" ''• 
ore    had   sriit  ;i 
uy  cattle.     Tlu^ 
six    out   <>i    ''■ 
t,,  !,o  all  hv  1':"' 
vav  and  ovevtn' '^ 
ilars,  whoia  l!i^}\ 


shct,  killini^  one,  the  other,  though  wounded,  escaping 
to  San  Jose.  He  re])orte(l  his  adventure,  and  searcli 
J^'iis  at  once  made  for  the  rohhcrs,  who  were  caught 
Jwitliin  a  lew  days.  They  were  taken  to  the  alcalde's 
couit.  wluro  one  of  them  confessed  numerous  crimes, 
»i<l  said  lliat  Fallon  saved  his  life  hy  misleading 
hem  to  the  l»elief  tliat  in  the  horse-trade  he  had  used 
tli<'  money  that  ho  had  left.  They  were  all  hange<l 
Ml  the  plaza  three  days  later,  in  January,  18-Jl). 
^vnn  this  time  crime  a!>out  San  Jose  increased,  and 
ixtM'iitiMiis  there  hccan\e  numerous. 

Dining  the  autumn  of   1848  tliore  were  no  such, 
lings  iiiong  the  Sierra  Drainage  as  government,  law, 
iv.-courts,  statutes,  constitutions,  legislaturt!s,  judges, 
icrili's,  tax  collectors,  or  other  otiicers  of  the  law. 
Jl  were  ithsohitely  free;  all  were  thrown  upon  their 
)(•((  hc.JHiAior.     And  here  appeared  in  its  fullest  ap- 
llication  the  socioh)gical  law  of  non-resistanco  in  the 
bseuco  of  restrnint.     Coercion  implies  antij>osition. 
It  is  wliCM  placed  under  lock  and  key  that  tlie  stiougi.st 
icsiii'  to  t.'scape  is  manifest,      (.'oiitinc  the  insane  and 
jiey  an;  frantic;  unlock  the  doors  and  knock  off  their 
^ttt-rs,  and  nine  tenths  of  those  most  uiu'uly  under 
;straint  heccane  tractahle.      Crime  is  lessened,  n«^»t  as 
imisiinunt  is  severe,  hut  as  it  is  certain.      French 
^hncl-lioys  tmdtjr  a  system  of  esoioiiage  become  ti'icky, 
[hile  Engli.sh  boys  who  are  less  governed  beliave 
jttci'.     Debts  of  honor  are  usually  preferretl  to  tlioso 
\v  paynniit  of  which  may  be  legally  enforced.    When 
)1«1  was  the  cuirency  of  California  and  legal-tender 
a  (liscitiiiit,  indebtedness  to  sona;  extent  was  })vyond 
^e  icach  of  law  and  the  courts,  and  the  instances 
M''  (wn  paratively  rai'e  vv'hcrc  an  account  was  can- 
tlied    wuli   the   dejtrcciatcd    currency.     The    jiencil 
Mnoianda  of  mcnd)ers  of  the  stock    boanl  are  as 
nding  as  theii-  Mritten,  signed,  and  scaled  obligation, 
these  earlier  ijold-huntinu'  davs  .strauLjers  met  as 
most    iurii,  and    a    i'cw    hours'  acquaintance    often 
irliet'd  to  estahlish  contidencc\     In  the  absence  of 


! 


m 


!i 


ill 


i,:''- 


70 


SIGNIFICATIOXS  CF  STOR^^. 


written  law  the  higher  law  of  probity  governed  inter- 
course. Nevertheless,  as  it  pleased  the  Almighty  tn 
make  with  the  good  men  some  few  deserving  i\w 
halter,  it  is  meet  these  latter  should  have  it  with  tin 
least  possible  ceremony. 

However  all  this  maybe,  it  so  happened  about  tlii> 
new  society  that  with  Law  came  Satan.  Alcalde 
courts  were  continued  in  the  larger  towns  atUr 
American  occupation,  and  in  the  mines  local  justici 
and  constables  were  choson.  But  the  diufj^ers  luiil 
little  heed  to  them.  They  were  preoccupied  aiul 
migratory;  let  the  devil  look  to  his  own.  Even  tli 
merchants  of  San  Fi-ancisco  seem  never  to  liav 
thought  of  bolts  and  bars,  until  one  day  James  Xoali 
iished  up  a  lot  of  old  locks  sliipj)cd  by  a  shrew;  1 
Englishman  on  board  a  vessel  whicli  broui,dit  to  'lui 
shores  a  score  or  two  of  Australian  convicts.  AVIh  :i 
j)eople  began  to  lock  their  doors,  thieves  began  1 1 
steal.  Wiiy  were  goods  bolted  in,  they  might  ask, 
if  thcv  were  not  to  be  stolen;  and  what  were  loelv? 
for  if  not  to  be  broken  by  thieves? 

This  coming  of  the  rascals — I  su])pose  it  mui-^t  K 
talcen  in  common  with  everything  else  that  is,  as  Ini 
the  best.  Their  influence  on  California,  on  lli 
clinracter  of  the  men  wlio  made  society,  was  mar';"  1 
and  perpetual.  Good  men  are  made  stronger  by  tl: 
presence  of  bad  men;  else  the  kingdom  of  evil  Imi 
been  long  since  overthrown. 

Criminals  and  convicts,  as  wo  have  seen,  vv^cre  nut 
the  first  to  come.  Thcv  were  not  among  tlie  iiiit>t 
intelligent  or  enterprising  of  those  wlio  heard  of  {\w 
wonderful  disco\'ery,  and  lience  were  not  the  iirst  t" 
move.  ]^ut  in  due  time  it  dawned  U})on  their  iniinr 
that  a  gold-yielding  wilderness  without  jail  or  gallow- 
nnist  be  the  very  paradise  of  thiexes.  And  as  ii 
preiaeditated  villainy  might  hv  sanctified  by  nuniluis. 
with  the  nmltitudes  of  honest  and  Drderduving  uku 
hither  came  in  crowds  from   the  purlieus  of  criim. 


SOCIETY  IX  THE  MIXES. 


^ 


from  convict  colonies,  human  reptiles,  ci!iptyin<]f  cities 
of  their  shun,  and  trailing  their  slimy  course  through 
lour  lair  \ alleys  and  into  the  newly  occu})icd  canons, 
ready  to  sacrilice  the  here  and  the  hereafter,  if  need 
I  be,  so  they  might,  like   Ethan   Brand,   achieve  the 
unpardonable  sin.     In  their  simplicity  the   previous 
I  occupants  of  the  Foothills  might  have  asked  with  old 
I  Nestor,  "Pray,  friends,  are  you  pirates?"     But  there 
was  plenty  of  gold  in  the  gulches  to  be  had  for  the 
"athcring.     When  it  could  be  picked  from  crevices 
and  river-beds,  and  washed  from  bars  and  banks,  what 
inducement  v/as  there  to  steal  it?    All  the  same,  the 
better-minded  leai'ued  all  too  soon  that  there  Avere' 
those   ill  the  world   who  loved  to  steal,  even  when 
ll()^e^;ty   beiter    served    their    avarice.       There    was 
enticement  in  the  thought,  excitement  in  the  effort, 
j;»y-tinglings  attending  success,  and  in  case  of  fail- 
ure— wliy  the  best  of  us  have  soon  to  make  our  final 
reckoning  with  ^^ime. 

With  the  classic  days  of  1840  came  new  jiilgrims,  a 
thousand  ship-loads  of  them,  by  sea  and  land.  So 
that  midsununer  saw  in  the  towns  which  had  so 
f^uddenly  assumed  pretentious  pro])orti()ns,  and  in  the 
long  line  of  mining-cam))S  which  had  risen  like  Jonah's 
goui'd  aloJig  the  Sierra  JJrainage,  hordes  of  eager  njen 
(tf  every  nation,  color,  ami  caste  under  heaven.  There 
wwe  honest  men  and  knaves,  pious  men  and  blas- 
]ilie!ners,  learned  and  ignorant,  rclined  and  l>rutish, 
humane  and  merciless.  Every  trade  and  profession 
w;is  represented — lawyers,  doctoi-s,  and  preachers; 
thieves,  iimrdercys,  and  gambliTs;  bakers,  liar-keeju'rs, 
and  butchers;  loafers,  highwaymen,  and  pi'i/.e-lightei-s; 
lioisi-iockeys,  bankers,  pedtllers,  grocers,  and  black- 
smiths -a  human  mess  which  even  Mercury  would 
doselv  eve  before  i)itc!iing  them  into  Charon's  boat; 


these.  nia(K'  sj)icy  by  a   sprinkle   of  female    frailly, 
com|)riseil  the    population.     Jhit   by  i'ar    the    hiiger 
))art  were   order-loving   men  of  pronouncx'd    morals 
Add  to  these  those  of  passable  iiiten- 


and  inte<nitv 


i 


ufi 


I 

,1".  • 

li 


72  SIGXmCATIOXS  OF  GTOIIM. 

tlonR  and  ctllhy  lionosty,  who  never  take  what  they 
cannot  roach,  nor  indulge  in  drink  stronger  than 
strychnine  vvhi.skey,  nor  bet  more  than  a  dollar  at 
nionte  on  Sunday;  who  attend  church  when  houses 
of  ill -lame  are  closed,  and  whose  word  is  as  g(jod  as 
their  bond  because  neither  is  worth  anything — throw 
into  the  scale  on  the  side  of  virtue  this  \av*fo  i)ur<j:a- 
torial  element  of  soi-disant  good  men,  and  the  genuine 
lirst-class  villains  of  the  true  metal  and  clear  ring  were 
comparativel}'  few. 

]>ut  these  caused  trouble  enough.  Landing  at  Sail 
Francisco,  they  usually  first  made  the  tour  of  t!ie 
mines  and  there  formed  the  acquaintance  of  otluf 
gentlemen  of  their  profession,  whose  projects  they 
were  by  this  time  quite  ready  to  join.  And  in  this 
new  Held  of  enterprise  everything  seemed  to  favor 
them.  Besides  congenial  companionshij),  and  the  ab- 
sence of  strong  government,  the  physical  as[)ect  of 
afilurs  was  all  that  the  most  ambitious  could  desire. 
The  nature  of  the  wealth  for  which  all  were  strivin;^, 
gokUMi;  the  constant  moving  from  place  to  place  of 
miners  and  traders, and  the  intermixtures  of  strangeis, 
all  tended  to  vliscourage  inquiry,  to  facilitate  tli'i 
operations  of  outlaws,  and  allow  them  to  move  quickly 
from  [)lace  to  place  without  exciting  suspicion.  In 
particular,  the  lonely  and  exposed  condition  of  tl)j 
roads  throuuhout  California,  and  the  lan>'e  amounts 
of  treasure  constantly  ]>assing  over  them,  oft'eiid 
alluring  opportunities  for  highway  robbery;  and  while 
tliesti  opportunities  were  not  wliolly  neglected,  yet  I  do 
not  know  that  tliis  crime  has  at  any  time  prevailed  to 
a  greater  extent  here  than  in  any  other  sjiarsc  ly 
settled  countiv.  Stage-robbiiig  as  jiractised  by  the 
j)roiossi()n  in  California,  win  iiither  a  chivalrous  occii- 
])ation;  the  gentlmnen  of  the  road  risked  their  li\i';; 
for  whatever  ha{)pcnc;d  to  be  in  the  express-box,  and 
if  no  opposition  was  made  tUey  generally  c(jntenti>l 
themselves  v.-itli  this,  and  neither  robbed  nor  insulli  J 
the  [)assengers. 


1 1  ft 


;c  what  tlicy 
troiigor  than 
1  a  dollar  at 
when  houses 
is  as  ^<K)il  as 
:hing — thn)\v 
lai-go  jmi'i^i- 
1  the  j^eiiuiiii! 
oar  ring  wore 

inding  at  Saii 

tour  of  t!iL' 

nc'o  of  otlui" 

[)rojcots  they 

And  in  this 

incd  to  favor 

),  and  the  al>- 

[cal  as[)oct  nl' 

couhl  dosir'. 

^veru  striviu'j,', 

to  place  nl' 

',  of  strangcis, 

facilitate    tli'^ 

move  quiclcl y 

iis])icion.     la 

dition  of  tlu 

irt>e  amounts 

hem,    olfeitil 

y;  and  wlii'o 

cted,yet  I  <!i' 

)  prevailed  lo 

her  sparsely 

•tised  by  t!i« 

valrous  occu- 

m1  their  livrs 

•ess-l)ox,  and 

ily  content  1*1 

nor  iuiiidltJ 


CKIMIN.VL  QUARTHUG.  73 

Along  these  roads,  during  the  heavy  winter  rains 
of  1841>  ;")(),  were  hundreds  of  mired  wagons,  laden 
with  supplies  for  the  miners.  Such  was  the  nature 
of  the  soil,  so  cracked  with  dryness  in  the  sunnner 
and  so  spongy  soft  in  winter,  that  in  the  absence 
of  a  beaten  track  a  loaded  wagon  would  sink  to  the 
hubs  almost  anywhere  about  the  skirts  of  the  Foot- 
hills. 

1  fence  arose  two  causes  stimulating  crime;  the 
mining-camps  were  short  of  provisions,  and  the  sup- 
])lies  intended  for  them  were  left  exposed  as  a  tempt- 
ing bait  to  the  hungry  and  forlorn.  Add  to  this  that 
by  I'eason  of  the  extreme  wetness  of  the  season  the 
streams  were  so  swollen  that  miners  were  driven  from 
their  elaims,  so  that  thousands,  'dead-beat  and  broke,' 
as  thi'V  would  sav,  were  obliijed  to  take  rel'ui'e  in  the 
towns  and  ijet  thronu'li  the  winter  as  best  thev  could. 
The  epoch  of  crime  in  the  interior  may  be  said  to 
(lute  from  this  time,  and  to  have  originated  in  a  great 
measure  from  these  causes. 

Sometimes  in  the  spiiit  and  with  the  grace  of 
young  bull-dogs,  these  adventurers  of  evil  would 
beM-iu  tjieir  grnibols  iinmetliately  they  came  ashore; 
watching,  for  examj)le,  the  landing  of  their  ca[)tain, 
vJio  liad  incurred  their  disi)leasure  during  the  Noyage, 
Seizing  and  (lucking  and  beating  him,  if  indeed  they 
idid  not  kill  him  outright. 

The  lOnglish  convicts  from  Australia,  who  from  the 
jspi'ingof  isp.)  to  the  sunnner  of  1852  were  the  worst 
Uliiieiit  intesting  the  ccmununity,  made  their  head- 
(jiiaiteis  in  San  Francisco,  at  the  base  of  Telegraph 
llill,  neai'  the  foot  of  Broadway.  On  one  side  rose  the 
hill,  broken  and  rugged,  thr(3wing  out  spurs  in  various 
'(hreetioiis,  and  presenting  in  ])laces  to  the  ripi^ing  tide 
a  lt»{ty  hhitl"  on  wliese  sunnnit  even  the  S(juatter  ha  1 
not  yet  ventured  to  perch  his  eyry;  round  the  base 
and  up  the  little  ravines  were  huts  and  tents  not  nuich 
larger  than  kennels,  and  divers -fashioned  dw«  Uinga 


74 


SIGNIFICATIONS  OF  STORM. 


Jfa 


huddled  or  scattered  indiscriminately  among  low  caba- 
rets, and  dance  and  drinking  houses. 

The  rendezvous  of  the  thieves,  in  the  heart  of  this 
district,  was  called  Sydney  Town.  South-west  of 
Sydney  Town  was  Little  Chile,  and  farther  yet  in  the 
same  direction  China  Town;  the  Hispano- Americans 
cijngregating  about  Dupont,  Kearny,  and  Pacitic 
streets,  and  the  Chinese  at  the  intersection  of  Sacra- 
mento and  Dupont  streets.  Although  Little  Chile 
supplied  the  comnmnity  some  criminals,  the  Hispaiio- 
Americans  were  more  a  worthless  and  vagabond  pjopk 
than  a  vicious  people.  They  were  the  early  victims  of 
evil-minded  Americans  and  the  men  of  Sydney.  In 
Sydney  Town  during  the  day  schemes  were  concocti;! 
to  be  worked  out  during  the  night.  The  meetiiins 
had  their  orators,  and  the  pillaging  parties  thuii 
leaders.  Singly  or  in  pairs  they  would  perambulate 
the  unlighted  and  unwatched  streets,  robbing,  du- 
molishing,  or  murdering,  as  passion  or  fancy  dictated. 
They  had  a  way  of  enticing  or  forcing  their  victims  to 
some  eminence  bordering  the  Bay,  and  thence  hurliiii: 
them  to  their  death.  The  beach  round  the  nortluiii 
point  of  the  peninsula  was  at  one  time  little  belter 
tlian  a  golgotha,  for  the  human  bones  washed  uji  there 
by  the  tide  or  buried  by  the  sand. 

After  the  fire  of  May  4,  1851,  more  than  ten 
thousand  dollars'  worth  of  stolen  property  was  re- 
covered from  these  dens.  Such  a  conflaLifration  to  tlie 
thieves  was  like  the  finding  of  a  carcass  to  vultures: 
from  their  cesspool  of  corruption  they  swarmed  in  to 
take  advantage  of  the  misfortune  of  otheng,  to  pluck 
the  unfortunate  of  the  few  eft'ects  they  had  been  able 
to  save. 

And  at  the  country  towns  it  wcs  proportionately 
bad.  These  same  malefactors,  or  others,  would  meet 
in  some  suburban  tent  and  there  conspire  against  the 
well-being  of  a  society  preoccupied,  unorganized,  ami 
unprotected. 

Upon  the  surface  of  society  there  did  not  all  at 


ADVENT  OF  CRIME. 


75 


once  ajipoar  the  feriiR'ntatiou  fining  on  beneath.  And 
vlien  i'l'oni  tlie  nuiss  <(as-bubl)Ie.s  were  seen  to  rise, 
they  wei'e  lij^jlitly  re<.jarde(l  as  the  monientary  caprice 
of  liannlcHS  (/nidnnnci.  Gradually  however  the  sac- 
charine suhstance  in  this  element  of  society  iiudor- 
went  ( •hanL,^e,and  the  alcoliol  and  acid  of  open  villainy 
was  only  too  soon  apparent. 

If  we  except  a  few  irregularities  in  various  parts 
of  the  countrv,  we  mav  date  the  advent  of  violence 
in  niidsuinnier,  1S40.  The  won^'or  is  that  it  did  not 
apjiear  sooner;  that  the  widely  diverse  and  hetero- 
j^eneous  inj^redients  of  this  mixture  did  not  sooner 
act  on  each  other;  that  ignition  and  explosion  did 
not  more  (piichly  follow. 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


/. 


{./ 


:/ 


1.0 


I.I 


1.25 


IM  IIM 

IIIIIM    IIIIIZ2 

IM    ^ 

Ilia    11 2.0 


U    1 1.6 


^- 


Photographic 

Sciences 
Corporation 


23  WEST  MAIN  STREET 

WEBSTER,  N.Y.  M5B0 

(716)  8724503 


(/. 


:\ 


\ 


6^ 


A^ 


CHAPTER  V. 


THE  HOUNDS  ASSOCIATION. 


Prince  Henry.     Where  shall  wc  take  a  purse  to-morrow,  Jack? 

FiU'ilrijf.  Where  thou  wilt,  lad;  I'll  make  one;  an  I  do  not,  call  mo 
villain  and  baftlc  me. 

Pr'ufa  lleiiry.  I  see  a  good  amendment  of  life  in  thee;  from  praying  to 
pursc-takiug. 

Fuldiiff.  Why,  Hal,  'tis  my  vocation,  Hal;  'tia  no  sin  for  a  man  to  labour 
in  hia  vocation. 

King  Ilcnry  IV. 

Every  problem  of  humanity  is  but  a  display  of 
some  now  combination  of  those  primary  elements 
of  human  nature  which,  like  the  elementary  principles 
governing  matter  and  force,  underlie  all  activities. 
Common  salt  will  not  crystallize  on  the  same  system 
as  sulphate  of  soda;  so  units  of  human  societies  in 
their  intermixtures  behave  differently  according  to 
character  and  combination.  Yet  man -particles,  in 
their  aggregations  and  evolutionfj,  act  no  less  under 
fixed  laws  than  do  matter-particles. 

Not  the  least  unaccountable  of  human  phenomena 
is  that  manifestation  of  brute  force  which  breeds 
tyranny.  That  men  should  love  to  beat,  and  l)atter, 
and  bruise  one  another,  not  to  secure  some  good,  but 
in  spite  of  those  evils  which  such  conduct  is  sure  to 
bring  upon  them,  is  unaccountable,  save  as  an  ele- 
mental quality  of  the  evil  principle  inherent  in  nature 
human.  The  propensity  in  man  for  killing  is  insane 
as  compared  with  tlic  same  propensity  in  the  brute. 
Tlie  latter  could  give  a  reason  if  it  would;  man  has 
none.  The  reasoning  faculties  given  him  by  whicli  to 
guide  his  conduct  in  ultimate  appeal  he  flings  aside, 

(70) 


ORGANIZATIOX  OF  VILLAIXY. 


11 


dehumanizes  himself,  and  no  matter  how  far  advanced 
in  hohncss  of  living  or  in  intellectual  culture,  he 
thrusts  his  fingers  into  the  latest  invented  claws  fur- 
nished him  by  science,  and  straightway  falls  to  flesh- 
tearing  on  such  a  scale  as  puts  to  blush  the  efforts  of 
the  tiger  and  the  bear. 

The  brute  creation  man  kills  for  food  and  clothing — 
material  comforts;  his  fellow  man  he  kills  for  pride, 
for  glory,  for  hate,  for  religion — ideal  comforts.  War 
is  waged  with  equal  fervor  by  savage  and  civilized,  by 
heathen  and  Christian.  It  is  an  element  alike  of  the 
most  degraded  passion  and  the  most  exalted  piety. 
In  mediaeval  times  the  attention  of  mankind  was 
divided  not  unequally  between  the  arts  which  cherish 
life  and  the  arts  which  extinguish  life.  One's  whole 
duty  lay  in  preserving  one's  own  life  and  in  striving  to 
take  the  life  of  one's  neisxhbor.  So  lonjx  as  tliese 
efforts  were  evenly  balanced,  and  their  necessity  fell 
alike  on  all,  no  great  progress  could  be  made  in  the 
arts  of  war,  or  advancement  in  the  arts  of  peace. 
Whensoever  for  a  time  peace  reigned  rejoicing,  the 
arts  of  war  were  pluralized,  so  that  with  them  if  he 
would  man  could  achieve  a  yet  more  substantial  peace. 

So  it  is  with  regard  to  the  supremacy  of  justice. 
But  mankind  will  not  yet  have  unadulterated  peace 
or  justice.  There  is  in  every  one  of  us  an  inquisitor. 
Where  is  the  patriot  who  would  not  tyrannize  if  he 
could?  Where  is  the  zealous  religionist  who  would 
not,  possessing  the  power,  and  left  to  the  impulses  of 
his  own  fanaticism,  make  every  man  of  his  fiiith  or 
creed?  else  he  would  for  Christ's  or  Maliomet's  sake 
nominally,  though  in  truth  for  his  own  sake,  kill  him. 
Evolve  man  if  you  will  from  matter;  that  which  dis- 
tinguishes him  from  any  lower  form  is  this  unanalyii- 
able  intermixture  of  deity  and  deviltry. 


The  memorable  year  of  1840  had  not  yet  dawned 
when  it  was  whispered  that  villainy  was  banding  in 
California.     Strange  to  say,  its  first  appearance  here 


liri 


1^ 


n 


THE  HOUNDP.  ASSOCIATION. 


was  in  the  liabilimcnts  of  charity.  That  delectable 
troop,  the  regiment  of  New  York  volunteers,  was 
made  u[)  to  a  great  extent  of  the  riffraff'  of  eastern 
cities.  Of  no  value  at  home,  they  were  brouglit  liither 
at  ))ublic  expense  to  fight  Mexicans,  or  Californians; 
v/]iich  being  found  unnecessary  shortly  after  their 
arrival  the  company  was  disbanded.  Having  no  occu- 
])ation,  and  averse  to  labor,  naturally  many  of  them 
fell  back  on  their  old  pastime  of  pilfering. 

The  opportunity,  however,  to  season  their  rascality 
with  a  little  sentiment  was  too  good  to  be  lost.  Had 
they  not  shared  as  brothers  the  dangers  of  the  deep  ? 
Were  they  not  brave  men,  soldiers,  heroes,  though  they 
had  never  fired  a  gun;  and  did  not  the  country  owe 
them  a  debt  of  gratitude  which  sanctified  any  villainy? 
So  tliey  organized  themselves  into  a  kind  of  benevolent 
association,  a  self-protection  and  relief  society,  and 
called  themselves  the  'Hounds,'  which  was  a  very 
appropriate  name.  They  were  likewise  known  as  tlio 
'Boys,'  after  the  fashion  of  the  New  York  Bowery, 
wliero  many  of  them  used  formerly  to  sun  themselves. 

Criminal  intent  does  not  appear  as  a  part  of  their 
original  purpose;  indeed,  as  the  alcalde  Leavenworth 
testifies,  some  of  them  had  been  employed  by  him  to 
assist  in  carrying  out  the  ends  of  justice.  Previous 
to  the  forming  of  that  acquaintance  which  led  to 
villainous  vows  of  friendship  and  fidelity,  and  nothing 
loth  to  wear  for  a  time  the  garb  of  respectability, 
many  of  them  at  first  engaged  in  various  occupations, 
such  as  mining,  blacksmithing,  hotel  and  saloon  keep- 
ing, but  they  were  not  long  content  to  work  for  that 
which  they  fimcied  they  could  more  easily  steal. 
Indeed,  one  of  their  fundamental  principles,  practised 
before  it  was  formulated,  and  the  first  and  broadest 
plank  in  their  platform,  was  that  others  should  feed 
and  clothe  them.  The  workingmen  of  California,  the 
honest  and  industrious,  should  furnish  them  shelter, 
with  strong  drink,  tobacco,  and  other  luxuries.  In 
return  for  which  support,  did  California  desire  the 


THE  TENT  OF  TAMMAXY. 


interloping^  'Greasers'  annihilated,  they  "were  the 
boys  to  do  it."  Or  lacking  such  patronage  they  would 
exercise  their  club  diplomacy  somewhat  on  their  own 
account.  Like  bulls  infuriated  over  red,  they  had  their 
mad  color.  Black  was  bad  enough,  but  copper- hue 
they  liated,  whether  in  the  form  of  Mexican,  Chilean, 
or  Chinaman.  They  were  soon  joined  ))y  the  men  of 
Sydney,  who  now  began  to  appear  upon  the  scene, 
and  by  low  politicians  from  the  eastern  states,  besides 
the  newly  arriving  shoulder -strikers  and  deserters. 
Here  was  the  scum  of  diverse  foreign  socioties  uniting 
amidst  the  ebullitions  of  our  new  society  as  naturally 
as  impure  particles  unite  upon  the  surface  of  boiling 
liquid. 

Whatever  may  have  been  their  intention  originally, 
elements  like  these  joined  under  such  conditions  could 
not  long  exist  without  evil  results.  Soon  it  was  under- 
stood  that  lawlessness  and  crime  were  the  primary 
purpose  of  the  association,  and  by  the  spring  of  1841) 
subordinate  societies  with  a  common  grip  and  pass- 
word were  scattered  throuijhout  the  entire  mininir 
district  of  California.  Here  was  a  great  power  for 
evil,  with  its  fangs  already  at  the  throat  of  our  infant 
community. 

As  might  be  expected,  the  Hounds  directed  their 
early  attention  to  politics.  It  is  by  such  as  these 
that  our  country  is  in  too  great  a  measure  governed. 
It  is  such  as  these  that  San  Francisco  to  tliis  day  is 
forced  to  support  and  serve.  It  is  such  as  these 
that  too  often  are  our  rulers;  we  make  them  such, 
fools  that  we  are. 

The  Hounds  made  their  headquarters  in  a  large 
tent,  later  known  as  Tammanv  Hall,  standing  where 
now  Commercial  street  crosses  Kearnv.  Such  was 
their  strength,  that  with  unblushing  impudence  they 
would  bring  to  this  so  public  a  place  the  spoils  taken 
at  night,  and  there  eat,  and  drink,  and  sleep  through- 
out the  day,  with  none  to  make  them  afraid.  There 
were  other  places  where  they  used  to  congregate;  the 


j: 


to 


THE  HOUNDS  ASSOCIATION. 


City  Hotel  near  by,  and  the  Shades  Saloon  whose 
keeper's  name  was  Patterson.  Their  harem  was  the 
valley  called  the  'Hollow,'  near,  or  formin<T  part  of 
the  Chilean  quarter;  and  the  dusky  nymphs  thei-e 
denizened  by  no  means  helped  to  quench  the  fires  of 
hate  already  burning  in  the  breasts  alike  of  their 
countrymen  and  of  their  fairer-hued  lovers. 

Their  time  was  chiefly  divided  between  catinjjj- 
houses,  saloons,  and  clothing-stores,  which  were  pil- 
Inged  for  corporeal  neceH;sities,  and  the  huts  of  foreign 
emigrants,  which  weie  sacked  and  destroyed  upon 
princi[)lc.  Their  attacks  were  confined  chiefly  to 
strangers,  whose  friendless  condition  forbade  defence. 

During  the  wliole  period  of  their  administration  it 
was  the  custom  of  these  chemlicrs  crindnstrie  to 
parade  the  streets  on  Sunday  in  fantastical  attire,  but 
until  toward  the  latter  part  of  their  term,  if  we  omit 
occasional  fights  and  street  br-awls,  no  open  outrages 
Tvere  committed,  though  private  thefts,  and  even 
darker  deeds,  were  frequent. 

Besides  their  regular  Sunday  divertiscment.  in 
which  they  aflbctcd  a  sort  of  military  discipline, 
marching  with  flying  colors,  their  leaders  in  military 
uniforms,  to  the  music  of  fife  and  drum,  they  some- 
times improvised  pranks  and  antics  for  the  amusement 
of  the  public.  For  a  time,  as  I  have  intimated,  the 
actuating  motive  seems  to  have  been  a  silly  love  of  dis- 
])lay  rather  than  open  violence.  Yani  ty ,  hcnvever,  often 
leads  to  villainy.  Said  Sheridan  once  to  Lord  Ht)l- 
land:  "They  talk  of  avarice,  lust,  ambition,  as  great 
])assions.  It  is  a  mistake;  they  are  little  passions. 
A^anity  is  the  great  commanding  passion  of  all.  It  is 
tliis  that  produces  the  most  grand  and  heroic  deeds, 
or  impels  to  the  most  dreadful  crimes." 

In  the  evening  after  their  public  gambols  it  was 
usual  for  the  Hounds  to  scatter  about  the  little  metrop- 
olis and  throw  out  gentle  hints,  or  more  peremptory 
tlemands,  for  whatever  they  happened  to  want.  Like 
the  tiger's  whelp  which  chases  the  sheep  at  first  only 


SOME  OF  THEIR  DOIXGS. 


for  the  sport  of  seeing  them  run,  but  once  tasting 
blood  becomes  ravenous  for  more,  so  these  young 
human  Hounds  began  their  play  upon  the  people, 
scarcely  knowing  what  they  did,  but  coming  to  grief 
full  quickly  enough,  however,  as  they  thought.  For, 
growing  more  and  more  boisterous  in  their  displays, 
with  increasing  numbers,  they  began,  toward  the  end 
of  their  career,  first  to  intimidate,  then  to  assault,  and 
finally  they  did  not  scruple  to  try  open  robbery  and 
nmrder. 

Under  some  ridiculous  plea  they  would  sally  forth 
from  their  tented  Tammany,  and  with  threats  of  vio- 
lence extort  money  or  goods  from  whomsoever  they 
thought  prudent  to  attack.  They  would  invade 
saloons  and  call  for  drink,  enter  restaurants  and  hotels, 
and  rudely  demand  food,  after  receiving  which  they 
would  walk  away  without  offering  pay.  On  one  occa- 
sion they  fed  from  the  tables  of  Jules  Rousson,  keeper 
of  the  United  States  restaurant,  and  gave  in  payment 
an  order  on  the  alcalde,  which  the  latter  refused  to 
pay.  At  another  time  they  broke  down  Rousson's 
doors  and  helped  themselves  to  food.  Stores  they 
would  enter,  and  selecting  such  goods  as  they  fancied, 
carry  them  away,  or  help  themselves  to  whatever 
they  required  from  exposed  piles  of  merchandise ;  and 
so  strong  had  they  now  become  that  no  one  durst  say 
them  nay. 

Though  their  outrages  were  directed  chiefly 
against  foreigners,  they  did  not  hesitate  to  attack 
Americans  if  offended  by  them.  Indeed  they  be- 
came quite  enterprising  at  last,  even  philosophic, 
and  seemed  to  think  with  Socrates  that  there  is 
something  in  this  world  nobler  than  mere  ease  and 
personal  safety. 

A  gentleman  informs  me  that  as  he  was  passing 
the  Parker  House  one  day,  he  saw  a  negro  entering 
the  office,  and  a  lieutenant  of  the  Hounds  just  behind 
him.  The  negro  turned  and  accidentally  touched  the 
rowdy  with  his  elbow,  when  the  fiery  young  knight 

tov.  Tbid.,  Vol.  I.    0 


m 


■J 

.  i 


II 


n 


82 


THE  HOUNDS  ASSOCIATION. 


whipped  out  his  bowie-knife  and  cut  oft'  the  black 
man's  ear. 

One  morning  two  gentlemen  entered  the  coffee- 
rooms  of  an  old  Frenchman,  situated  on  Kearny 
street,  opposite  the  plaza,  on  the  site  since  occupied 
by  the  Jenny  Lind  theatre  and  the  old  city  hall,  and 
called  for  breakfast.  Presently  in  came  thirty-five  or 
forty  of  the  foul  fraternity,  hungry  as  cormorants,  and 
ordered  food.  Pounding  the  table,  they  callcil  loud 
and  constantly,  "waiter!"  "waiterl"  hurrying  the  poor 
garcon  hither  and  thither  until  he  was  half  dead  with 
fatigue  and  fright.  Meanwhile  the  two  gentlemen 
could  get  nothing  to  eat.  At  length  the  craving  of 
the  rabble  company  being  satiated,  their  leaders  rose, 
and  stepping  up  to  the  counter,  turned  their  backs  to 
it,  and  called  out :  "Fall  in  I  Right  about  face  I"  Then 
turning  to  the  restaurateur,  one  of  them  demanded: 

"How  much  is  to  pay?" 

"Two  dollars  each,"  was  the  reply. 

"Charge  it  to  the  Hounds,"  he  said.  "Left  facel 
Forward,  march  1"  and  out  of  the  door  they  went, 
never  paying  a  dime  for  what  they  had  eaten. 

Lsaac  Bluxome  landed  in  San  Francisco  from  the 
bark  Madonna  early  in  July,  1849.  He  brought  out 
with  him  the  frame  of  a  wooden  building  which  he  set 
up  in  Sacramento  street,  between  Montgomery  and 
Sansome,  being  the  third  house  erected  in  that  street. 
Scarcely  had  he  opened  business  when  he  was  brought 
face  to  face  with  that  phase  of  crime  of  which  he  was 
so  soon  to  be  the  scavenger.  A  queer-looking  customer 
entered  one  day  and  began  to  price  his  goods.  He 
was  little  more  than  a  boy,  rather  below  medium 
height,  slightly  built,  with  a  pale,  sinister  face,  and 
dressed  in  a  red  woolen  shirt,  buff"  pantaloons  tucked 
inside  his  boot-tops,  a  well-mashed  slouched  hat,  and 
hanging  at  a  leather  belt  a  pistol  and  a  butcher-knife. 
Picking  up  a  plug  of  tobacco,  he  said : 

"What  do  you  ask  for  this?" 

"Two  dollars,"  said  Bluxome. 


AMONG  THE  SHOPS. 


8S 


"Tliat  is  too  much;  you  must  not  charge  so  much." 

"That  is  my  price;  you  can  take  it  or  leave  it." 

"Do  you  know  who  I  am?" 

"No,  and  I  don't  care  who  you  are." 

"I  am  captain  of  the  Hounds." 

"The  devil  you  are,"  answered  Bluxome.  "Well, 
you  look  like  a  hound." 

The  fellow  did  not  like  Bluxome  or  his  words,  and 
after  eyeing  him  for  a  moment  he  walked  away  with- 
out further  remark. 

There  was  little  system  in  trade  at  that  time,  either 
in  the  kind  of  goods  kept  b}^  the  merchants  or  in  the 
prices  asked  for  them.  Each  dealt  in  whatever 
happened  to  fall  into  his  hands,  and  asked  whatever 
price  he  pleased,  irrespective  of  that  of  his  neiglihors. 
Entering  a  tent  store  one  day,  where  a  great  variety 
of  merchandise  lay  exposed  for  sale,  a  quiet,  modest, 
undemonstrative  Hound  picked  up  a  pair  of  fancy 
patent-leather  gaiters,  which  he  thought  would  set  off 
his  somewhat  small  and  well-shaped  feet  to  the  l)est 
possible  advantage.  They  M'ere  wholly  worthless,  but 
little  stronger  than  paper,  cost  probably  in  New  York 
a  dollar  or  two,  but  being  brightly  polished  they  had 
caught  the  gentleman's  eye,  and  as  business  had  been 
good  of  late  he  determined  to  indulge  his  vanity  to 
that  extent.  Besides,  his  order  was  coming  into  no- 
tice more  and  more  every  day;  parades  were  more 
frequent,  and  it  was  but  meet  he  should  make  a  be- 
coming appearance. 

Seating  himself  on  a  box  he  took  off  his  shoes,  and 
giving  them  a  fling  which  sent  them  over  behind  some 
goods  at  the  other  side  of  the  tent,  he  took  up  a  pair 
of  the  glittering  gaiters,  drew  them  on  his  feet,  and 
rising  and  putting  his  hand  in  his  pocket,  demanded: 
"How  much?" 

"An  ounce,"  was  the  reply. 

The  dust  was  promptly  paid  down,  and  the  nice 
young  man  walked  away  no  less  satisfied  than  the 
store-keeper.     Next  day  returned  his  houndship.    On 


84 


THK  HOUNDS  ASSOCIATION. 


his  ralni  features  tlierc  was  not  visible  the  shghtest 
sliade  of  annoyance,  ill-temper,  or  disgust.  Threading 
his  way  quietl}'  round  the  piles  of  merchandise  stacked 
upon  the  Hoor,  he  fished  out  his  old  shoes,  seated  him- 
self on  the  same  box,  drew  from  his  feet  the  shining 
gaiters,  now  l)urst  open  in  several  places,  put  on  his 
old  shoes,  and  walked  away  without  saying  a  word. 

There  was  one  way  in  which  these  Honnt's  were  of 
service  to  society.  I  had  como  near  unwittingly  doing 
them  an  injustice.  They  were  ever  ready  as  jurors. 
He  who  had  suffered  wrong,  and  who,  remembering 
the  high  privilege  of  an  American  citizen,  sought  the 
remedy,  might  here  have  trial  by  his  peers.  They 
were  also  good  as  witnesses,  always  ready  faithfully 
to  testify  in  whichsoever  direction  they  were  paid. 
They  were  good  to  drive  oft*  from  lands  squatters,  or 
rightful  owners;  it  made  no  difference  to  them  in 
whom  the  title  was  vested.  They  were  useful  at  the 
polls  on  election -day,  voting  early  and  often  them- 
selves, preventing  others  from  voting,  and  at  sunset 
guarding  the  ballot-box  while  it  was  being  stufl*ed. 
If  you  wanted  a  house  fired,  a  man  beaten,  or  a  mur- 
der, done,  they  were  always  at  hand  to  servo  you  for 
a  consideration. 

Nor  were  they  without  their  worship  and  their 
benefactions.  If  the  image  of  Mercury,  the  god  of 
thieving  craft  and  cunning,  was  not  set  up  in  their 
Tent  of  Tammany,  none  the  less  was  his  spirit  there 
adored.  Of  all  the  world  could  give,  this  was  the  life 
they  loved.  Opportunity  and  environment  were  to 
them  as  sword  and  steed  to  the  cavalier,  or  wine  to 
the  lieavy  of  heart ;  their  tent  was  the  temple  of  their 
god,  and  their  traffic  better  than  winning  souls.  And 
it  was  wonderful  their  influence  on  the  unanchored 
element  then  drifting  on  the  flood-tide  into  this  port. 
What  do  we  see  in  crossing  the  Plains?  The  most 
stupid  clod  of  a  horse,  half- starved  and  fagged  with 
travel,  when  suddenly  surrounded  by  a  band  of  wild 
mustangs  quickly  becomes  as  unmanageable  as  they. 


what:  is  evil,  they  ask. 


85 


Even  tlie  culture  of  intellect  is  the  result  of  absorbed 
vice,  while  the  cftbrts  of  j)lo(iding  virtue  flow  off  like 
water  from  a  smooth  stone. 

It  is  bv  no  means  certain  that  the  advent  of  vice  in 
this  infantile  form  was  not  the  best  thinj'  which  could 
have  happened  to  this  young  community  at  this  time. 
California  were  not  California  had  her  battles  with 
ini(|uity  never  been.  Men  who  aim  at  respectability 
become  so  absorbed  in  their  moncy-gettings  as  to  be 
little  better  than  machines,  turning  aside  for  nothing, 
for  neither  Christ,  their  country,  nor  the  devil.  It 
needs  an  enemy  threatening  their  })et  passion  to  unite 
them.  They  would  form  no  brotherhood  of  virtue 
until  driven  to  it  by  a  brotherhood  of  vice. 

Whence  then  the  evil,  these  wicked  ones  might  ask, 
and  of  what  do  you  pious  people  complain  ?  To  make 
a  world  nature  rushes  from  one  extreme  to  another; 
from  the  extremes  of  heat  to  the  extremes  of  cold; 
from  an  age  of  fire,  of  volcanic  lava-formations  and 
rivers  of  molten  rock  and  skies  of  mineral  smoke,  to 
an  age  of  snow,  and  ice,  and  canon-carving  glaciers. 
So  it  is  with  the  formation  and  retininjj  of  human 
societies.  It  is  the  equalizing  of  extremes  that 
brings  one  ever  nearer  to  one's  rest.  Then  why  war 
with  evil  if  it  so  befriend  you?  What  is  evil,  oh 
ye  saints  of  prudery  and  conventional  creeds!  Can 
you  not  see  with  all  your  stupidity  and  bigotry  that 
evil  is  not  a  concrete  entity,  but  only  a  measure 
denoting  the  absence  of  good,  as  cold  is  but  the 
absence  of  heat?  There  is  no  such  principle  in 
humanity  as  abstract  good  aside  from  evil,  any  more 
than  in  a  mass  of  molecules  attraction  can  exist  apart 
from  repulsion.  We  are  as  necessary  to  you,  })rim 
fools,  as  you  are  to  us.  Every  thing,  every  force, 
power,  quality,  principle,  element,  or  idea  has  its  an- 
tithesis, exists  in  duality,  is  twofold  in  its  entity 
and  action.  Like  the  repulsive  force  in  matter,  this 
negative  soul -principle  acts  among  individuals,  im- 
pregnating   every    germ,    arranging    into    form    the 


•11 


M  THK  HOUNDS  ASSOCIATION. 

inolof'ulcs  of  society,  slmpinj^  outlines  and  slmrpcn- 
in<^  aniilos,  puwhing  hither  and  thither,  l)y  ini))ulses 
imperceptible,  individuals  and  grouj)S  of  individuals 
according  to  the  great  plan  of  our  one  and  universal 
master. 

The  normal  condition  of  humanity  is  a  state  of 
well-being,  else  there  is  a  speedy  end  to  all.  But 
the  mass  needs  leaven,  else  it  is  Hat  and  ui.profital>lc. 
The  princi[)le  of  evil  dropped  into  it  by  an  incom- 
prehensible Almighty,  the  tendency  of  humanity  is 
ever  after  toward  an  equilibrium.  None  but  baljes  in 
intellect  talk  of  an  indei)endent,  self-existent  power 
or  principle  antagonistic  to  omnipotence. 

When  we  understand  the  nature  of  heat,  then  we 
can  tell  what  cold  is;  when  we  comprehend  the  prin- 
ciple of  good,  we  will  be  able  to  understand  the 
l)henomona  of  evil.  Whatever  good  is,  the  tendency 
of  everything  is  in  that  direction.  What  means 
otherwise  the  gradual  disaj)pearance  of  savagism, 
the  progress  of  the  intellect,  of  morality,  of  religion? 
Therefore  if  evil  tends  to  disappear,  and  is  surely 
century  after  century  becoming  less,  we  may  safely 
conclude  that  with  time  it  will  be  totally  extin- 
guished. 

Now- it  is  well  known  that  there  is  no  such  possi- 
bility in  nature,  or  in  the  imagii?  tion  of  man,  as  the 
total  extinction  of  a  *  concrete  entity.  If  therefore 
evil  is  extinguishable  as  a  concrete  principle,  it  does 
not  exist.  Evil  as  an  entity  does  not  exist;  good 
does.  The  w^orld  acts  upon  this  principle,  wdietlier  it 
is  believed  in  or  not. 

What  force  underlies  the  underlying  force  that 
drives  steamships  and  manufactories,  the  main- 
springs of  commerce?  What  is  the  chief  stimulant 
of  progress?  Not  love  of  knowledge,  patriotism, 
philanthropy;  all  these  are  puny  in  their  efforts  at 
progress.  What  then  are  the  mighty  powers  that 
move  mankind?  Avarice,  vanity,  the  desire  to  kill 
your  neighbor  and  keep  yourself  from  being  killed; 


AVARICE  ALMIGHTY. 


87 


these  are  the  god-like  doings  that  bring  to  birth  your 
boasted  brotherhoods,  your  acts  and  industries,  and 
wliich  overspread  the  tliorny  path  with  coverlets  of 
Christian  charity.  So  might  have  reasoned  these 
human  Hounds  in  their  Tent  of  Tammany. 


ft 


.■: 


CHAPTER  VI. 


THE  SAN  FRANCISCO  SOCIETY  OF  REGULATORS. 


Lo,  when  two  doga  are  fighting  in  tlie  streets, 
[  With  a  third  dog  one  of  the  two  dogs  meets, 

I  Witli  angry  teetli  ho  bites  him  to  the  bone, 

And  this  dog  smarts  for  what  that  dog  nas  done. 

Fielding. 

With  increased  numbers  and  opportunities,  the 
Hounds  Association  put  on  new  dignities.  Becoming 
somewhat  ashamed  of  their  canine  appellation,  they 
changed  their  name  to  that  of  the  San  Francisco 
Society  of  Regulators,  and  organized  and  officered 
their  body  after  the  usual  respectable  models. 

Let  it  not  be  inferred  from  the  name,  however, 
that  the  Hounds  had  become  guardians  of  the  public 
weal,  or  that  this  was  a  popular  tribunal  proper,  or  a 
committee  of  vigilance.  By  no  means.  It  was  tho 
good  men  and  their  affairs  that  this  band  proposed 
to  regulate,  and  not  the  evil-minded  and  profligate. 
And  to  their  assistance  came  now  demagogues  and 
aspiring  politicians  of  greater  bulk  than  their  pre- 
decessors, and  of  more  sweeping  pretensions.  With 
settled  policy  and  defined  purpose  they  would  go  forth 
conquering  and  to  conquer.  The  one  phenomenon 
was  but  the  natural  sequence  of  the  other.  The  first 
association  was  the  boyish  play  of  vice,  while  tho 
second  walked  boldly  forth  in  the  full  manhood  of 
concrete  villainy. 

Wickedness  the  Regulators  saw  was  in  the  ascend- 
ant. No  one  appreciated  better  than  themselves  the 
fertile  field  of  opportunity.     Already  the  seed  had 

Hit 


SOME  OF  THEIR  RULES. 


80 


been  sown  by  the  young  imps,  who  seemed  to  lack  the 
ability  to  harvest  the  crop.  It  was  for  wiser  heads 
to  utiHze  their  redundant  resources,  to  give  object  and 
direction  to  their  knavish  procHvities.  The  general 
laxity  of  morals,  the  inefficiency  and  venality  of  law- 
courts,  and  the  apparent  indifference  of  the  best  men 
to  the  welfare  of  the  state,  all  encouraged  their  aspi- 
rations. 

That  affairs  needed  regulating  was  clearly  apparent 
to  all;  and  the  indifference  manifested  by  business 
men  as  to  how  or  by  whom  they  should  be  regu- 
lated, emboldened  the  loafing  element  to  assmiio  that 
duty.  The  first  fraternity  was  still  to  fm-nish  the 
material.  The  municipal  government  had  not  hesi- 
tated to  use  the  Hounds  in  order  to  secure  the 
ends  of  justice;  the  Regulators  now  did  not  hesitate 
to  use  the  same  instrument  to  defeat  the  ends  of 
justice.  Thus  against  Justice,  besmeared  by  evil  com- 
panionship, were  turned  her  ministers,  who  caught 
her  in  her  own  trap;  as  the  wily  wanton  Vivien, 
knight-hater  of  King  Arthur's  court,  seduced  from 
Merlin  his  secret  charm,  and  straightway  Merlin,  her 
first  victim,  lay  in  a  hollow  oak  as  dead. 

To  the  benefits  offered  by  the  Hounds  in  associ- 
ating, the  Regulators  added  political  favors  or  emolu- 
ments. Beside  assuming  knightly  honors  and  sotting 
themselves  up  to  be  redressers  of  pubHc  wrongs,  whose 
mission  it  was  to  defend  the  national  soil  against  en- 
croachment, they  proposed  likewise  to  relieve  Amer- 
icans of  the  burdens  of  government,  save  only  the 
little  matter  of  taxation,  which  should  not  be  severely 
felt,  the  people  having  their  whole  time  at  their  dis- 
posal. 

An  initiation  fee  of  ten  tloUars  was  paid  on  entering, 
and  in  return  each  member  was  to  bo  cared  for  in  case 
of  sickness,  supported  when  penniless,  and  extricivted 
from  any  trouble  which  by  chance  he  might  fall  into. 
No  qualification  as  to  character  was  requisite  to 
membership,  except  that  it  should  not  be  painfully 


t 


«0 


THE  SOCIETY  OF  REGULATORS. 


bright.  The  declared  principles  of  the  association 
were  originally  easy  and  free  enough,  and  in  action 
vhcy  became  more  so  every  day. 

It  was  a  model  system  of  vagabondage,  a  Platonic 
republic  for  vagrants  and  blackguards,  and  might  most 
truthfully  have  beei:  named  a  Society  for  the  Pro- 
motion of  Vice,  or  a  veritable  Hell-fire  Club.  Half 
a  day's  work  at  that  time  would  secure  the  initia- 
tory ten  dollars;  or  if  that  was  too  much  trouble, 
the  aspirant  for  membership  might  steal  it.  Once  in, 
happiness  was  forever  secured.  Bois  tortu  fait  feu 
droit.  Protection,  shelter,  good-fellowship,  and  light 
scruples;  what  more  could  profligacy  ask  even  in 
California?  "It  is  all  one  to  a  stone,"  says  Marcus 
Antonius,  "whether  it  be  thrown  upward  or  down- 
ward." 

There  was  little  difficulty  in  their  regulating  elec- 
tions, ordinances,  and  jurisprudence;  population  was 
not  so  permanent  then  as  now ;  men  were  coming  and 
going,  hurrying  hither  and  thither,  few  manifesting 
any  interest  in  the  welfare  of  the  community,  and 
those  few  scarcely  distinguishable.  The  young  me- 
tropolis was  good  for  nothing  but  to  be  fleeced,  and 
should  any  person  object,  they  must  be  regulated. 
This  so  early  political  party  in  California  was  char- 
acteristic of  the  times.  It  was  the  pestilential  quagmire 
of  society;  nor  is  the  pool  wholly  translucent  now. 

For  five  or  six  months,  namely,  until  the  middle  of 
July,  1849,  this  band  of  ruffians  exercised  their  terror- 
isms over  the  community.  Tlieir  ways  were  dark  at 
first,  and  their  councils  secret.  They  were  without 
organization  for  a  time,  but  rapidly  into  evil  eminence 
there  rose  from  the  ranks  of  this  gang  certain  ruling 
spirits,  with  one  Samuel  Roberts  as  chief,  who  worked 
them  up  into  a  state  of  sucli  efficiency  that  soon  the 
entire  city  was  laid  under  contribution.  There  is  little 
doubt  that  many  of  their  acts  were  countenanced  by 
the  alcalde,  Leavenworth. 

One  of  their  number,  Joseph  T.  Downey,  asserts 


DECLARATION  OF  RIGHTS. 


dl 


that  tlie  origin  of  the  organization  was  a  physician's 
bill  against  one  or  two  of  the  Hounds,  amounting  to 
some"  wo  hundred  dollars.    Having  neither  the  money 
nor  the  inclination  to  pay,  they  determined  to  declare, 
among  themselves  at  least,  their  position,  which  was 
that  tiio  public  must  support  them.     They  would  be 
public  servants;  they  would   pay  no  bills.     It  was 
necessary  that  they  should  have  more  money  than  the 
initiation  fee  yielded  them.    From  rendering  assistance 
to  the  alcalde  and  sheriff  in  their  deplorable  attempts 
at  municipal  government,  the  Regulators  undertook 
to  administer  justice  on   their   own   account.     Cer- 
tain of  their  number  had  been  called  upon  to  inflict 
the  punishment  of  whipping  on   a   sailor  sentenced 
by  the    alcalde  for  drawing  a  knife  on  his  captain. 
Thereupon  they  undertook  to  whip  by  order  of  them- 
selves.    When  the  sheriff  found  it  difficult  or  im- 
possible to  collect  bills  placed  in  his  hands  for  that 
purpose  by  real-estate  owners,  merchants,  and  others, 
he  recommended  the  claimants  to  give  such  accounts 
for  collection  to  the  Boys,  who  had  a  way  of  their 
own,  swifter  and  surer  than  that  of  the  alcalde,  for 
the  settlement  of  differences.     From  the  seizing  of 
property  for  the  satisfaction  of  a  debt  to  the  seizing 
1   of  property  for  the  satisfaction  of  themselves  was  but 
a  step,  and  unblushing  imposition  was  the  natural 
consequence. 

Thus,  like  the  giant  Caligorant,  justice  was  caught 
in  its  own  net.  Scarcely  had  the  mines  been  opened, 
when  a  strong  feeling  sprang  up  against  foreigners. 
Citizens  of  the  United  States  deemed  their  rights 
superior  to  those  of  foreigners,  who  were  allowed 
equally  with  themselves  to  gather  gold  and  carry  it 
from  the  country.  The  soil  was  theiis,  they  said; 
their  brethren  had  fought  fur  it  and  their  govern- 
ment had  paid  for  it.  tip  to  this  time  there  had  been 
no  outbreak,  although  the  determination  was  daily 
becoming  stronger  and  more  universal  to  resist  en- 
croachment and  expel  foreign  vagrants  from  the  mines. 


03  '  THE  SOCIETY  OF  REGULATORS. 

Against  the  mongrel  class  from  Chile,  Mexico,  and 
the  other  Spanish- American  states  north  and  south  of 
Panamd,  this  sentiment  was  most  united,  and  so  unsafe 
became  the  situation  of  these  foreigners  that  during 
this  summer  the  roads  were  full  of  them  returning 
from  the  mines.  And  with  them  came  many  of  their 
persecutors. 

Upon  this  platform  then  the  Society  of  Regulators 
■was  finally  organized,  with  C.  R.  V.  Lee  as  president; 
W.  Anderson,  vice-president;  J.  T.  Downey,  secre- 
tary; J.  A.  Patterson,  treasurer;  and  J.  C.  Pullis, 
steward.  The  aforesaid  Samuel  Roberts  was  chief 
rioter  and  master  of  the  military.  California  should 
feed  and  clothe  them,  and  pay  them  well  for  their 
outrages.  They  proposed  to  live.  They  would  assist 
at  any  time  the  impotent  authorities,  if  the  authori- 
ties wished  their  aid  and  would  pay  them;  and  they 
would  just  as  readily  break  the  law,  and  defy  the 
authorities,  if  such  a  course  best  suited  their  pur- 
pose. With  the  coolest  impudence  they  asserted  their 
determination  to  protect  American  citizens  against 
Spanish-speaking  foreigners,  and  sometimes  claimed 
to  have  instructions  from  the  alcalde  to  extirpate  the 
Mexicans  and  Chileans. 

Thus  things  stood  when,  on  the  night  of  Sunday, 
the  15th  of  this  same  July,  occurred  an  affair  which 
brought  matters  to  a  crisis.  It  appears  that  one 
George  Frank,  a  merchant,  held  a  claim  of  five  hun- 
dred dollars,  for  certain  commissions  attendinof  the 
purchase  of  a  lot  on  Montgomery  street,  against  a 
Chilean  named  Pedro  Cueto,  who  refused  to  recog- 
nize the  obligation  or  pay  the  amount.  Frank  gave 
the  bill  to  the  sheriff  for  collection.  Cueto  told  the 
sheriff  he  would  not  pay  it,  and  the  sheriff  reported 
to  Frank. 

Now  it  so  happened  that  the  sheriff  was  none  other 
than  J.  C.  Pullis,  who  was  likewise  steward  of  the 
Regulator  Society.  This  was  the  worst  feature  in 
the  case,  and  shows  how  interwoven  were  crime  and 


MiVKING  COLLECTIONS. 


punishmnnt,  when  an  officer  of  the  law  and  an  officer 
of  the  lawless  were  one  and  the  same  person. 

"If  you  will  get  the  Boys  to  assist  you,"  said 
Frank  to  the  hound-sheriff,  PuUis,  "I  will  give  you 
half  the  amount  collected."  Accordingly  the  bill  was 
handed  to  Roberts,  who,  pretending  to  have  been  sent 
by  the  alcalde,  called  on  Cueto  and  quietly  informed 
him  that  unless  he  came  down  handsomely,  say  witli 
three  or  four  hundred  dollars,  he  would  speedily  be 
upon  him  with  forty  men.  Cueto  declining  to  pay, 
the  Regulators  proceeded  to  the  avenging  of  justice 
after  their  own  fashion. 

And  here  I  can  but  call  attention  once  more  to  the 
singular  state  of  law  and  administration  which  al- 
lowed an  officer  of  the  law  to  deputize  a  notorious 
band  of  desperadoes  for  the  lawless  enforcement  of  an 
unproven  claim.  Of  a  truth  it  would  be  difficult  to 
say  which  had  reached  the  lowest  depth,  law  or 
villainy ! 

On  the  Sunday  afternoon  mentioned,  at  about  one 
o'clock,  the  Regulators  paraded  in  full  force,  with 
drum,  fife,  and  banner,  and  epauletted  officers.  There 
were  about  one  hundred  of  them.  They  were  just 
returned  from  a  marauding  excursion  to  Contra  Costa, 
and  they  determined  to  finish  the  day  with  deeds  long 
to  be  remembered.  So  swollen  by  hatred  and  excite- 
ment had  become  the  purpose  of  the  Hound  dictators, 
that  the  matter  of  Frank's  bill  was  almost  lost  sight 
of.  Their  intention  now  was  none  other  than  to  drive 
all  Spanish- Americans  from  the  city  as  they  were 
being  driven  from  the  mines,  and  the  final  blow  was 
to  be  struck  .u^t  afternoon  or  evening. 

Sam  Roberts  commanded ;  and  it  was  noticed  that  ho 
was  more  than  usually  grave  in  his  demeanor,  and  con- 
cerned as  to  the  condition  and  movements  of  his  men. 
Supper  was  taken  at  a  restaurant,  where  an  eye- 
witness says  that  Sam  behaved  badly;  that  from  his 
former  reserve  he  broke  into  angry  impatience,  and 
to  give  more  forcible  expression  to  an  order  for  a  gin* 


1  |r 


rr, 

m 


fit'' 

m 


94 


TI:E  society  of  REaULATORS. 


cocktail  appetizer,  he  kicked  over  a  table  and  broke  a 
few  glasses. 

The  company  then  proceeded  to  get  up  steam  for 
the  grand  assault.  This  was  accomplished  by  enter- 
inn;  vai'ious  saloons  and  demanding;  drink  and  cijifars; 
if  not  instantly  and  cheerfully  produced,  the  rioters 
would  go  behind  the  bar,  help  themselves  and  their 
associates,  then  smash  a  few  decanters  and  mirrors 
as  a  gentle  admonition  that  politeness  sits  as  grace- 
fully on  a  saloon-keeper  before  society  servants  as  on 
Belisarius  befjorinor  an  obolus.  Sam's  men  would 
have  it  made  simple  to  these  knights  of  Bacchus 
that,  in  the  absence  of  awe-inspiring  lex  scripta,  there 
was  nothing  left  but  to  fall  back  upon  the  lex  non 
scripta,  the  unwritten  or  common  law  which  underlies 
all  law,  the  which  failing  there  was  yet  the  lex  tcdionls, 
or  law  of  retaliation,  a  practical  illustration  of  which 
was  now  before  them.  Expediency  should  be  their 
motto,  as  it  is  the  motto  of  all  who  seek  to  do  the 
jiublic  good.  There  is  a  time  to  pipe,  and  a  time  to 
dance;  a  time  to  promise,  and  a  time  to  perform — 
except  for  politicians.  The  fear  of  God  should  ever 
be  before  the  eyes  of  the  people,  and  respect  for 
rulers,  though  from  necessity  or  expediency  they 
are  for  the  time  bcinij  denominated  Resfulators.  Fear 
God;  but  only  God  manifest  in  the  flesh,  not  the  holy 
spiritual  God  beyond  the  sky.  Tempori  scrviendum  est. 
Bow  to  the  powers  that  be;  bow  to  the  sovereign 
Regulators  of  the  people;  bow  to  the  devil  if  so  be 
glorious  exaltation  shall  follow.  When  personal  am- 
bition stalks  abroad,  let  principle  give  place;  Cicero 
nuist  choose  between  Pompey  and  Ca)sar. 

There  was  yet  another  wrong  which  this  night's 
■work  should  right.  In  one  of  their  marauding  ex- 
cursions some  time  previous,  it  happened  that  a 
Chileno  had  the  hardihood  to  defend  his  property 
and  family  honor  from  brutal  assaults,  and  in  doing 
so  had  accidentally  killed  a  bystander  named  Beatty, 
an  American,  though  not  a  member  of  the  band.    To 


ATTACK  ON  THE  CHILEAN  QUARTER.  9I 

seize,  confiscate,  and  sell  to  the  highest  bidder  the 
tent  and  efleots  of  one  who  had  dared  to  strike  a 
blow  in  self-defence  was  not  enough.  The  blood  of 
their  murdered  countryman  called  from  the  ground 
for  vengeance.  This  night  should  see  his  inquiet 
shade  pacified. 

Sam  drrnk  sparingly  that  day;  the  potations  of  his 
men  he  sought  to  regulate  according  to  their  several 
capabilities.  The  time  having  arrived,  armed  with 
pistols,  knives,  and  clubs,  and  with  patriotic  enthu- 
siasm and  liquid  fire,  they  filed  off  and  marched  rapidly 
down  the  street  to  the  Chilean  quarter.  In  answer 
to  the  question,  "What  are  you  going  to  do?"  they 
unhesitatingly  replied,  "We  are  going  to  whip  and 
drive  out  every  damned  Chileno  in  town." 

Rousing  with  blasphemous  yells  and  pistol-shots 
the  peaceful  inhabitants  of  this  then  somewhat  remote 
vicinity,  they  attacked  the  unoffending  foreigners  as 
they  crawled  from  their  dwellings,  struck  them  down, 
and  beat  them  with  clubs,  stoned  and  kicked  them 
while  lying  half  senseless  on  the  ground,  and  finally, 
drawing  their  pistols,  they  began  a  promiscuous 
shooting,  which  resulted  in  one  killed  and  several 
wounded,  not  to  mention  those  bruised  with  clubs  and 
cut  with  knives.  The  tents  were  torn  down,  house- 
hold effects  and  merchandise  stolen  or  destroyed,  and 
the  women  and  children  turned  into  the  street.  It 
was  in  truth  a  disgraceful  scene ;  blood  flowed  freely, 
and  the  cries  of  the  defenceless  mins-led  with  the  oaths 
of  the  assailants.  Several  mounted  horses  and  chased 
the  Chilenos  through  the  town  and  up  Telegraph  Hill, 
firing  on  them  as  they  ran.  The  tent  of  Domingo 
Cruz,  at  Clark  Point,  remained  unmolested  until  half 
past  nine,  when  twenty  of  the  gang  entered  it  witli 
drawn  pistols  and  demanded  drink.  Then  the}'  fell 
to  breaking  bottles  and  beating  the  inmates,  saying 
they  had  an  order  from  the  alcalde  to  destroy  every 
Chilean  tent  in  town.  From  the  tent  of  Domingo 
Alegria,  after  wounding  the  inmates  and  destroying 


If 


M 


THE  SOCIETY  OF  REGULATORS. 


such  property  as  they  could  not  carry  away,  they 
secured  two  thousand  dollars  in  coin,  and  jewelry  to 
the  value  of  fifteen  hundred  dollars.  Then  they  de- 
molished the  tent  and  departed.  After  the  first  grand 
assault  the  company  split  into  detachments  of  about 
twenty  men  each.  These  would  make  raids  in  diifer- 
ent  directions,  then  retire  to  the  plaza  or  thereabout, 
whence  after  a  short  respite  they  would  sally  forth 


again. 


During  the  turmoil  Sam  was  ubiquitous.  While 
in  the  heat  of  the  fray,  battering  heads  and  tearing 
tents  most  lustily,  from  a  distant  part  of  the  field  the 
cry  was  frequently  heard:  "Where  are  the  Hounds?" 
"Where  is  Sam  ?"  And  the  answer  would  come, 
"Here  I  ami"     Then  they  would  fall  to  with  new 


vigor. 


Thus  during  the  whole  afternoon  and  evening  of 
that  Sunday,  and  all  through  the  night  until  the 
following  morning,  these  desperadoes  continued  their 
unblushing  villainies  without  any  interference  from 
officer  or  citi?:cn,  extending  their  operations  to  other 
parts  of  the  city  wherever  a  Chilean  tent  could  be 
found.  They  made  no  attempt  to  cover  their  crimes ; 
daylight  and  darkness  were  one  to  them.  Indeed  there 
was  nothing  to  fear.  The  law  was  powerless;  there 
was  no  police;  the  alcalde  was  quiescent;  the  sheriff 
was  a  member  of  the  gang;  and  the  merchants  and 
mechanics  of  the  town  were  either  attending  to  their 
business,  or  enjoying  a  sacred  rest,  dreaming  of  dollars, 
and  creeping  all  the  earlier  to  their  beds  as  the 
sounds  of  brawls  and  rioting  fell  upon  their  ear. 

When  the  young  metropolis  awoke  next  morning 
and  rubbed  its  eyes,  a  new  light  seemed  to  break  in 
on  its  citizens.  Their  situation  was  unique;  never 
had  they  seen  such  sights,  or  heard  such  words,  or 
thought  of  such  things  as  now  dawned  upon  them. 
Were  they  indeed  where  no  law  was?  What  were 
these  spawn  of  Hecate  who  in  the  name  of  protection 
committed  pillage  and  murder?    The  white  owl  of  the 


THE  PEOPLE  PROTEST. 


OT 


north  is  well-nigh  invisible  in  the  snow;  so  it  may 
approach  its  prey  unseen.  In  the  opaque  congeries 
of  character  heaped  round  Yerba  Buena  Cove,  liow 
shall  we  distinguish  the  human  qualities  hidden  be- 
neath the  orthodox  woolen  shirt  and  bushy  beard? 
Many  a  whilom  saint  is  now  a  sinner ;  many  a  whilom 
thief  sleeps  in  our  warehouses.  The  ways  of  human- 
ity in  its  new  combination  are  past  finding  out.  Circe, 
the  bright-haired  daughter  of  the  Sun,  in  her  en- 
chanted isle  oi'JEaea  amidst  her  fawning  spell-softened 
wolves  and  lions,  was  not  more  treacherously  lovely 
when  with  her  wand  she  changed  the  companions  of 
Ulysses  into  swine,  than  was  audacious  roguery, 
lapped  by  flush  California,  to  the  brainless  adventurer. 
Whether  vice  's  a  disease  or  not,  it  is  no  less  epi- 
demic than  small-pox  or  cholera;  in  this  heterogeneous 
human  mess,  if  we  are  to  know  our  bedfellow,  give 
us  a  new  university  with  professors  of  the  passions, 
doctors  of  intemperance,  analysts  of  licentiousness, 
and  curators  of  crime. 

Young  San  Francisco  was  fairly  aroused.  Fear 
took  hold  on  the  money-makers,  and  indignation; 
they  swore  in  their  hearts  that  these  things  should 
not  be.  Monday  morning  bright  and  early  saw  them 
bent  on  a  new  business,  which  was  nothing  less  than 
to  regulate  the  Regulators.  And  they  went  about  it 
with  their  characteristic  energy.  They  had  but  little 
time  to  waste  at  that  kind  of  thing ;  and  after  all  a . 
hundred  Hounds  were  not  many. 

On  the  Monday  following  the  Sunday's  outrages, 
at  the  corner  of  Clay  and  Montgomery  streets  Samuel 
Brannan  mounted  a  barrel  and  addressed  the  people. 
As  the  crowd  increased  and  the  streets  became  so 
filled  with  eager  listeners  that  many  could  not  get 
near  the  speaker,  a  motion  was  made  to  adjourn  to  the 
plaza,  which  was  done.  There  Mr  Brannan  took  his 
stand  on  the  roof  of  the  one-story  building  occupied 
by  Mr  Leavenworth,  the  alcalde — opposite  the  plaza 
on  Clay  street,  in  the  rear  of  the  City  Hotel — and 


:1  . 


Si: 


u 


Pop.  Tbib,,  Vol.  I.    7 


■■L  \ 


'Mi 

m 


i)8 


THK  SOCIBITY  OF  REGULATORS. 


there  continued  liis  speech.  After  he  had  finished 
Frank  Ward  addressed  the  meeting. 

It  was  in  very  deed  putting  the  law  under  their 
feet ;  this  taking  a  stand  upon  the  top  of  a  court  of 
justice,  and  crying  to  the  community  to  purify  the 
court  and  mete  out  justice  irrespective  of  inefficient 
formulas.  It  was  significant  of  the  times,  and  of  the 
people.  That  little  tenement  of  legal  fustian  was 
scarcely  a  feather  in  the  way  of  those  who  now 
grappled  the  evil  which  they  proposed  to  cure.  Frank 
Ward  was  a  fearless  little  fellow,  a  perfect  catamount 
of  courage  when  aroused,  and  as  pompous  and  ranting 
as  king  Cambyses.  Brannan,  too,  at  this  time  was 
full  of  courage  and  bravado.  While  he  was  speak- 
ing, he  was  informed  that  the  Hounds  were  moving 
among  their  adherents,  and  threatening  to  burn  his 
property. 

The  eflfect  of  this  statement  on  the  speaker  was  to 
make  him  denounce  the  thieves  the  stronger.  Pale 
with  anger  and  excitement  he  stood  before  them. 
They  were  a  dangerous  clement;  they  deemed  them- 
selves invincible;  in  their  opinion  they  were  mightier 
than  the  law.  They  were  now  assailed  from  a  new 
-f|uarter,  and  their  very  existence  depended  on  prompt 
action;  so  that  it  was  dangerous  to  force  them  to  the 
wall.  Brannan,  however,  was  thoroughly  aroused. 
Certain  voices  of  the  rabble  grew  louder,  and  presently 
pistols  appeared  with  demonstrations  of  shooting. 
Perceiving  which,  Sam  hurled  on  them  a  torrent  of 
his  choicest  invective,  meanwhile  baring  his  breast 
and  daring  them  to  fire. 

The  speaking  finished,  the  people  collected  were 
formed  into  four  companies  of  one  hundred  men  each. 
Captain  Spofford  was  appointed  chief  marshal;  and 
of  the  companies  Hall  McAllister,  Isaac  Bluxome,  Jr., 
A.  J.  Ellis,  and  F.  J.  Lippitt  were  chosen  captains. 
Lots  were  then  drawn  by  the  captains  to  determine 
which  company  should  first  stand  guard,  the  duty 
being  to  watch  the  city  and  hunt  the  Hounds.    The 


HUNTING  THE  HOUNDS. 


lot  fell  on  Bluxome.  Stationing  detachments  in  va- 
rious parts  of  the  city,  with  ten  men  he  proceeded  to 
an  adobe  building,  corner  of  Broadway  and  Powell 
streets,  where  he  was  informed  Sam  Roberts  slept. 
Breaking  in  the  door  which  did  not  open  to  his  knock, 
ho  learned  that  Sam  was  not  there,  but  that  he 
had  pitched  his  tent  some  way  out  on  the  Presidio 
road.  Thither  Bluxome  proceeded,  but  the  captain 
of  the  Hounds  was  not  there.  Others  went  in  other 
directions.  Roberts  was  hunted  everywhere.  Tam- 
many Hall  was  likewise  invaded ;  the  nest  broken  up, 
and  several  of  the  gang  taken  prisoners. 

Meanwhile  a  number  of  gentlemen  visited  the  al- 
calde and  requested  that  steps  might  be  taken  for 
the  restoration  and  maintenance  of  public  peace. 
Thereupon  a  proclamation  was  issued  calling  a  meet- 
ing of  the  citizens  at  three  o'clock  that  afternoon,  at 
which  time  appeared  upon  the  plaza  the  largest  gath- 
ering California  had  yet  seen.  The  people  were  pro- 
foundly moved.  W.  D.  M.  Howard  was  called  to 
preside,  and  Victc  J.  Fourgeaud  chosen  secretary. 
At  the  close  of  loud  and  lengthy  public  discussion  a 
subscription  for  the  relief  of  the  sufferers  by  the  riot 
was  opened  at  the  Parkei'  House.  Two  hundred  and 
thirty  citizens  then  enrolled  their  names  for  police 
service,  and  formed  themselves  into  six  companies 
for  immediate  action.  The  Regulators,  watching 
these  proceedings,  now  began  to  scatter,  but  before 
sunset  seventeen  of  them  were  arrested  and  secured 
on  board  the  United  States  ship  Warren.  Roberts, 
the  redoubtable,  found  snugly  stowed  in  the  hold  of 
the  schooner  Mary  bound  for  Stockton,  was  arrested 
by  Hall  McAllister,  and  his  comrade  Curley  was 
picked  up  at  the  Mission. 

Another  citizens'  meetinor  was  held  at  Portsmouth 
Square  the  same  day,  at  which  two  associate  judges, 
William  M.  Gwin,  and  James  C.Ward,  were  chosen  to 
assist  the  alcalde  and  share  in  the  trial  of  the  prisoners. 
Horace  Hawes,   Hall   McAllister,  and  others  were 


100 


THE  SOCIETY  OP  REGULATORS. 


appointed  to  act  for  the  people,  and  P.  Barry  and 
Myron  Norton  for  the  accused.  Twenty-four  citizens 
met  the  day  followinf,'  as  a  grand  jury,  and  the 
prisoner's  were  re<^ularly  indicted  and  charged  with 
conspiracy,  riot,  robbery,  and  deadly  assault.  Samuel 
Roberts  and  eighteen  others  were  thus  called  upon  to 
defend  themselves. 

The  trial  began  on  Wednesday,  was  conducted  in 
the  ordinary  legal  forms,  and  lastetl  until  the  following 
Monday.  Witnesses  were  examined  on  both  sides; 
and  the  evidence  of  deeds  done  in  the  light  of  open 
day,  to  the  men  who  now  had  the  management  of 
aftairs,  did  not  seem  difficult  to  obtain.  Notwith- 
standing which  Roberts  proved  his  alibi  as  a  matter 
of  course;  Peter  Earl,  a  Parker  House  watchman, 
swore  that  he  put  Sam  to  bed  Sunday  night,  and 
William  Jackson  knew  him  to  have  been  in  bed  at 
the  time.  Put  it  would  not  do;  Sam  was  found 
guilty  of  every  charge,  and  eight  others  of  one  or 
more  counts  of  the  indictment. 

After  the  conviction  of  the  captured  Regulators 
the  question  arose  how  they  should  be  punished. 
Some  were  for  having  them  hanged,  others  for  having 
them  whipped  upon  the  public  plaza  and  banished, 
and  others  simply  for  having  them  banished  and 
given  to  understand  that  if  they  ever  returned  they 
would  bo  executed.  Roberts  was  first  sentenced  to 
ten  years  in  some  penitentiary,  wherever  the  terri- 
torial governor  of  California  should  direct,  and  the 
others  were  ordered  punished  by  fine,  and  imprison- 
ment of  various  ai  \ounts  and  terms.  The  infliction 
of  the  several  pc^  Ities  being  found  impracticable, 
and  the  people  h  ing  gone  about  their  business, 
some  of  the  prison  ^s  were  shipped  away  and  the 
others  discharged.  ^he  gang  however  was  broken 
up,  and  crime  for  the  moment  checked.  Many  of  the 
Regulators  took  their  departure  for  the  mines,  some 
of  whom  there  met  the  fate  which  they  so  richly 
deserved.     The  miners  had  a  shorter  path  from  mur- 


WAR  ON  FORKIfJNKRS. 


101 


dor  to  the  gallows  than  tlio  San  KranciHco  merchants 
had  yet  found. 

This  outrage  of  the  Regulators  was  not  an  ordinary 
riot  perpetrated  in  a  moment  of  excitement,  hut  a 
coolly  planned  conspiracy  against  a  peaceahlo  and 
peace-loving  community.  Under  the  existing  laws 
of  the  United  States,  foreigners  had  tlie  same  rights 
in  California  as  American  citizens,  and  wantonly  to 
injure  them  was  in  tlie  highest  degree  criminal.  Not 
that  any  special  sympathy  is  due  the  class  against 
whom  their  wrath  was  kindled.  The  Chileans  and 
Peruvians  who  infested  the  towns  and  riHed  the 
Foothills  of  their  tren^'ures  were  low  enough  in  the 
scale  of  humanity;  by  instinct  and  association  they 
were  lazy,  ignorant,  and  deceitful,  and  they  seldom 
scrupled  at  any  crime  they  might  with  certainty  cover. 
With  the  lewd  women  brought  hither  by  them,  ami 
who  were  little  better  than  chattels,  they  lived  on 
infamous  earnings:  their  tents  were  dens  of  iniquity; 
and  if  the  Hounds  had  extirpated  them,  and  had  tlien 
themselves  been  hanged  for  it,  society  would  have  been 
the  gainer. 

But  these  foreigners  were  human  beings,  and  as 
such  entitled  to  humane  treatment  at  tlie  hands  of 
professedly  humane  men.  The  lower  their  estate, 
the  less  tamely  fair-minded  and  honorable  citizens 
would  stand  by  and  see  them  wantonly  maltreated. 
That  they  were  the  scum  of  other  societies  and  a 
curse  to  ours;  that  their  touch  was  jiollution  and 
their  presence  moral  disease,  and  that  their  absence 
would  be  a  blessing,  were  perhaps  among  the  reasons 
why  the  Society  of  Regulators  enjoyed  so  lengthy  an 
existence.  But  the  persecution  of  a  class  was  a  very 
different  matter  from  the  punishment  of  criminals; 
the  former  was  based  on  rank  injustice,  which  would 
certainly  recoil  alike  on  innocent  and  guilty,  and 
it  must  end.  Right  nobly  did  the  people  of  San 
Francisco  thus  early  vindicate  their  integrity  and 
fair  fame,  rallying  to  the  help  of  dc  vvn-trodden  justice. 


f 

ilii 


m: 


lii. 


!!' 


Ji. 


102 


THE  SOCIETY  OF  REGULATORS. 


In  this,  the  foreshadowing  of  that  determined  sense 
of  truth  and  equity,  that  pointed  swiftness  of  action 
so  characteristic  of  California  committees  of  vigilance, 
the  primary  power  of  society  seated  itself  on  the  bench 
beside  limp  and  inept  law,  and  grasping  in  one  hand 
the  criminal  and  in  the  other  the  constable,  it  swore 
perpetual  divorce  from  public  villainy. 


c 
1 
1 
a 


w 
to 
wi 
kii 
tol 


CHAPTER  VII. 

THE  ADVENT   OF    LAW. 

Thou  say'st  an  undisputed  thing 
In  suuh  a  solemn  way. 

OUixr  Wendell  Holmes. 

Although  the  American  flag  was  hoisted  by  Cap- 
tain Montgomery  in  the  plaza  of  Ycrba  Buena  the 
9th  of  July,  1846,  two  days  after  it  had  been  raised  at 
Monterey  by  Commodore  Sloat,  it  was  not  until  after 
the  cession  of  California  by  Mexico  to  the  United 
States,  about  the  time  of  the  gold  discovery,  that 
much  was  said  or  thought  about  government.  The 
thriving  little  hamlet  that  bordered  the  Cove,  in 
January,  1847,  dropped  its  modest  name  of  Yerba 
Buena  for  the  original  and  more  pretentious  one  of 
San  Francisco,  made  famous  by  the  ISIission,  Presidio, 
and  Bay.  This  town  and  the  mission  settlements 
southward  boasted  their  alcalde  or  justice  of  tho 
peace,  and  some  of  them  an  ayuntamiento  or  town 
council,  while  the  country  at  large  was  held  by  a 
military  governor,  \'hose  rule,  however,  amounted  to 
little,  even  along  tlie  seaboard,  and  was  felt  scarcely 
at  all  by  the  scattered  and  erratic  gold-hunters. 

Says  the  first  number  of  the  California  Star,  pub- 
lished at  Yerba  Biiena  January  9,  1847: 


"We  hear  the  inquiry  almost  ovcry  liour  during  tho  day,  'What  laws  aro 
wo  to  bo  governed  by?'  Wo  have  invariably  told  those  who  put  tin;  qtiestion 
to  us,  'If  anybody  asks  you,  tell  thoni  you  don't  know,'  becauae  we  wens  un- 
willing to  express  an  opinion  in  relation  to  tlio  laws  in  foi'cc  in  this  territory, 
knowing  as  wo  did  that  probably  during  tho  day  the  same  persons  would  1k5 
told  at  the  alcalde's  ottice  or  elsewhere  that  '  no  particular  law  is  in  force  in 

( io;i ) 


,1  i 


m 
m 


lOi 


THE  ADVENT  OF  LAW. 


Ycrba  Buena,  though  there  may  be  in  other  places  in  the  territory,  and  that 
all  suits  are  now  docided  according  to  the  alcalde's  notions  of  justice,  without 
regard  to  law  or  the  established  rules  governing  courts  of  equity.'  The 
written  laws  of  the  country  can  easily  be  obtained  and  published,  and  for  the 
convenience  of  the  peoiile  it  ought  to  be  done  at  once.  The  people  are  now 
in  the  situation  of  the  subjects  of  the  tyrant  who  had  his  laws  written,  l>ut 
placed  them  so  high  that  they  could  not  1)C  read  by  tlie  people,  consequently 
many  ignorantly  violated  them,  and  lost  their  lives  and  property.  Commodore 
Sti  )cktou  having  been  clotlied  with  power  to  organize  a  territorial  government 
in  California,  his  2>roclamation  settles  the  law  in  this  country  fur  the  present, 
and  ought  to  be  regarded  as  the  paramount  law  by  all  our  courts." 


This  rambling  statement  signifies  little  beyond  the 
rambling  conceptions  which  even  an  editor  then  enter- 
tained of  the  laws  under  which  he  lived.  When  he 
speaks  of  the  existence  of  written  laws,  he  must  refer 
first  to  the  laws  of  Spain  and  Mexico,  and  secondly  to 
the  laws  of  England  and  the  United  States,  for  he 
must  surel>'  have  known  that  neither  the  alcalde  of 
Yerba  Buena,  nor  the  whilom  government  at  Mon- 
terey, nor  Commodore  Stockton,  had  any  local  laws 
fit  for  the  regulation  of  present  affairs  in  California. 
In  a  word,  like  the  world  in  the  beginning,  law  was 
without  form  and  void. 

Until  the  war  should  terminate,  it  was  to  be  ex- 
pected that  the  commandant  of  the  military  district 
would  act  as  governor;  and  though  his  authority  was 
vague  and  anomalous,  it  was  cheerfully  recognized  by 
all  except  those  whom  it  was  intended  to  restrict  or 
punish. 

But  military  rule  was  utterly  of  no  avail  in  pre- 
venting or  punishing  crime  throughout  the  country. 
It  could  not  even  maintain  its  own  integrity,  or  over- 
taJve  deserters  from  its  ranks.  It  could  offer  rewards 
for  human  heads:  but  lawlessness  was  not  thus  to 
be  restrained.  As  well  might  the  military  governor 
of  California  expect  by  such  means  to  win  souls  from 
purgatory  as  that  his  feeble  proclamations  would  stay 
the  wild  orgy  of  the  Inferno.  The  military  and  naval 
commandants  recognized  in  the  people  a  right,  nay, 
enjoined  it  as  a  duty,  to  choose  magistrates  and  pro- 


MILITARY  RULE. 


105 


vide  themselv  es  a  government ;  but  this  was  frequently 
coupled  with  a  recommendation  for  delay  until  it  could 
be  ascertained  whether  congress  had  concluded  or  was 
about  to  conclude  the  long-looked  for  organization. 

It  will  be  remembered  that  when  gold  was  first 
discovered  Colonel  Mason  ruled  at  Monterey.  In 
anticipation  of  the  failure  of  congress  to  provide  a 
government,  a  call  was  made  for  the  people  to  come 
toward  and  discuss  matters  relative  to  their  anomalous 
situation.  By  a  treaty  of  peace  the  country  had  been 
ceded  to  the  United  States,  and  the  president  had 
I'ccomnjended  to  congress  the  extension  of  the  laws 
of  the  United  States  over  the  newly  acquired  domain, 
but  that  recommendation  had  not  yet  been  acted  on, 
and  at  the  time  of  the  gold  discovery  the  people  of 
California  were  without  the  court  machinery  neces- 
i-^ary  for  the  protection  of  their  lives  and  ]">roperty. 
Crime  was  on  the  increase;  hordes  were  hurrvinij 
hither  confusedly,  which  a  well  organized  government 
with  a  perfect  police  system  would  fintl  difficulty 
enouo'h  in  restraining;.  What  then  would  the  ruffians 
not  do  if  left  to  themselves,  and  what  was  to  become 
of  citizens  and  the  country  generally?  The  people  of 
California  could  not  account  for  this  ill-timed  neu'lect 
on  the  part  of  congress  to  provide  them  a  government, 
until  they  found  the  black  man  at  the  bottom  of  it. 

Meetings  were  held  at  San  Josu  the  1 1th  of  De- 
cember, 1848,  at  San  Francisco  ten  days  later,  and  at 
Sacramento  the  Gth  of  January,  18-49,  to  take  into 
consideration  the  propriety  of  organizing  a  provisional 
government  for  the  so-called  ter-ritory  of  California, 
A  day  was  fixed  for  the  election  of  delegates  to  a 
convention  for  the  adoption  of  a  territorial  or  state 
constitution,  which  was  to  be  submitted  for  ratifica- 
tion to  the  people  and  sent  to  congress  for  approval. 
Disagreements  arising,  however,  proceedings  were  dis- 
continued. 

By  the  California,  the  first  steamship  to  enter  San 


I 


f\  I. 

Wi  - 


10») 


THE  ADVENT  OF  LAW. 


Francisco  Bay,  arrived  General  Persifer  F.  Smith 
the  28tii  of  February,  1849,  who  immediately  assumed 
command.  He  was  succeeded  the  1 3th  of  April  fol- 
lowing by  General  Riley.  It  was  now  time,  the 
people  thought,  that  civil  law  should  be  established 
in  this  territory.  The  time  of  war,  during  which 
alone  the  president  possessed  the  constitutional  right 
to  govern  a  territory  by  the  simple  mandate  of  a 
military  officer,  was  over,  and  a  forcible,  practical 
government  was  nowhere  on  earth  more  needed. 
While  congress  was  disputing  over  the  vexed  ques- 
tion of  slavery  in  the  new  territory,  the  people  grew 
first  impatient,  then  indignant. 

So  eager  for  office  and  its  spoils  were  the  polls 
manipulators  that  in  January,  1849,  there  were  in 
San  Francisco  no  less  than  three  town  councils  at  one 
time.  In  the  absence  of  state  legislation  or  federal 
regard,  it  was  sometimes  difficult  for  the  municipali- 
ties to  tell  who  were  the  rulers  if  any  such  existed. 
The  old  council  of  1848  held  over  on  the  ground  that 
its  term  had  not  expired.  Of  those  opposed  to  it, 
one  clique  affirmed  that  its  time  expired  the  27th  of 
December,  1848,  and  another  the  loth  of  January, 
1849,  and  they  elected  men  who  took  their  seats 
accordingly.  A  month  later  the  citizens  met  and 
petitioned  both  of  the  newly  elected  councils  to  resign, 
which  they  did.  A  district  legislative  assembly  and 
three  justices  of  the  peace  were  then  elected.  On 
the  4tli  of  June  General  Riley  issued  a  proclamation 
declaring  the  election  of  the  district  legislature  illegal, 
and  reinstating  the  ayuntamiento  of  1848. 

General  Riley  did  what  he  could  to  soothe  and 
smooth.  He  said  that  congress  did  not  mean  to  neg- 
lect California,  nor  did  the  president  then  regard  the 
territory  as  subject  to  military  rule.  The  old  Mex- 
ican law  then  recognized  in  California,  he  explained, 
in  the  absence  of  a  properly  appointed  governor  by 
the  supreme  government,  vested  authority  in  the 
military  commander  of  the  department,  a  secretary, 


GOVERNOR,  LEGISLATORS,  AND  JUDGES. 


107 


a  territorial  legislature,  a  superior  court  consisting  of 
four  judges,  a  prefect,  sub-prefect,  and  judge  of  first 
instance  for  each  district,  and  alcaldes  and  ayun- 
tamientos  for  the  towns.  M?.ny  of  these  offices  were 
now  vacant,  and  he  recommended  that  they  should 
be  filled  by  an  election  to  be  held  the  1st  day  of 
August,  1849.  He  recommended,  furthermore,  the 
choosing  of  thirty-seven  delegates  to  a  constitutional 
convention  from  the  ten  districU  into  which  the 
territory  was  divided  for  election  purposes.  Amidst  a 
general  apathy  on  the  part  of  the  voters  the  election 
was  held  as  appointed,  and  the  convention  met  at 
Monterey  the  1st  of  September  following. 

In  the  absence  of  a  state  legislative  body  the  alcalde 
and  ayuntamiento  of  San  Francisco  claimed  supremo 
authority  in  that  district,  and  it  was  expected  that 
all  their  legitimate  acts  would  be  sanctioned  by  the 
acting  governor  and  confirmed  by  future  legislation. 
The  treasury  being  empty,  the  new  municipal  officei's 
applied  themselves  to  fill  it. 

The  first  money  received  was  appropriated  for  the 
purchase  of  a  dismantled  brig,  called  the  Euphcmia, 
then  lying  in  the  Cove  about  where  now  is  Front 
street.  The  object  of  this  purchase  was  to  convert 
the  vessel  into  a  prison,  so  that  the  town  might  have 
a  place  in  which  to  confine  its  criminals.  This  was 
early  in  August;  and  the  vessel  was  turned  into  a 
jail,  which  was  then  the  only  prison  the  town  could 
boast.  California  desired  admission  at  once  into  the 
federal  union. 

The  13th  of  November,  a  state  constitution  was 
adopted,  and  a  governor,  judges  of  the  supreme  court, 
and  other  state  officers  elected,  and  state  and  federal 
legislators  chosen.  Party  politics  in  this  state  was 
first  manifest  at  this  election.  The  business  of  the 
alcalde  of  San  Francisco  increasing,  a  tribunal  called 
the  Court  of  First  Instance  was  established  early 
in  December,  with  William  B.  Almond  as  judge. 
This  court  was  held  in  an  old  school-house  on  the 


108 


THE  ADVENT  OF  LAW. 


plaza,  and  decided  cases  involving  not  less  than  one 
hundred  dollars  after  a  fashion  of  i';  s  own. 

The  first  California  legislature,  surnamed  the  Legis- 
i;»ture  of  a  Thousand  Drinks,  met  at  San  Jose  one 
niontii  ?fter  election  and  continued  in  session  four 
months.  General  Riley  immediately  placed  in  the 
hands  of  the  newly  eleched  governor  the  territorial 
archives,  and  surrendered  to  him  the  administration 
of  civil  affairs.  Though  not  yet  a  state,  California 
was  very  sure,  as  she  tt.ought,  soon  to  become  one, 
and  adopted  measures  accordingly.  The  legislature 
proceeded  at  once  to  bMsiness  as  if  congress  had  al- 
read}  acted  on  her  admission.  A  judiciary  was  estab- 
lished and  all  the  offices  required  by  the  constitution 
were  created.  Foreigners  who  had  not  become  natu- 
ralized citizens  were  required  to  pay  a  license  be- 
fore working  the  mines,  a  measure  productive  of 
more  trouble  than  profit.  The  penalty  of  murder 
alone  was  death ;  and  for  sending  or  accepting  a  chal- 
langQ  to  fight  a  duel  there  should  be  fine  and  im- 
prisonment. The  state  was  divided  into  counties;  the 
incorporation  of  towns  and  cities  was  authorized,  and 
to  San  Francisco  was  given  a  charter. 

The  first  election  of  officers  for  the  county  oi  San 
Francisco  took  place  on  the  1st  of  April,  1850,  when 
a  sheriff',  judge,  recorder,  surveyor,  treasurer,  and 
other  officials  were  chosen.  The  manner  of  this  elec- 
tion was  characteristic  of  the  times,  and  shows  to 
what  leniyth  candidates  for  office  then  went  to  secure 
their  election.  For  the  office  of  sheriff  there  were 
three  candidates — J.  Townes,  whig;  J.  J.  Bryant, 
democrat;  and  John  C.  Hays,  independent.  All 
were  on  an  equality  in  having  the  title  of  'colonel' 
prefixed  to  their  names.  Bryant  kept  a  liotel  and 
had  money;  Hays  was  a  dashing  Texas  ranger  and 
had  friends;  Townes  had  nothing  and  was  early  ort 
of  the  contest.  Immediately  he  was  nominated 
Br3^ant  decorated  liis  tavern  with  flags,  placed  a  band 
of  music  ujx)!!  the  balcony,  served  free  lunches  in  the 


JACK  HAYES,  SHERIFF. 


100 


saloon,  and  distributed  drinks  ad  infinitum.  This  was 
continued  daily  with  prospects  of  the  most  flatterini^ 
success  uj)  to  the  day  of  election.  There  were  en- 
thusiastic meetings  with  eloquent  speakers  and  fine 
parades,  torch-light  processions,  illuminations,  horses, 
carriages,  transparencies,  banners,  and  all  the  para- 
phernalia of  the  hustidgs.  The  people  were  c  s  full  of 
enthusiasm  as  the  candidates;  it  being  to  them  a 
matter  of  vital  importance  under  wliich  of  these  two 
gentlemen  the  city  should  be  bled. 

As  the  time  drow  nigh,  the  Hays  party  became 
despondent.  The  combined  power  of  those  miglity 
elements,  money  and  rum,  were  beyond  the  puny 
efforts  of  man  to  combat.  At  the  polls  Bryant  and 
his  partisans  were  more  than  ever  elated.  Tlie  day 
was  theirs  beyond  question.  All  was  lost  with  Colonel 
Jack.  But  hold!  What  is  this?  What  new  deviltry 
has  the  Texan  concocted?  For  suddenly  amidst  the 
excited  throng  that  gathered  in  and  around  the  plaza 
appeared  a  mounted  horseman,  in  the  character  of  a 
Texan  ranger.  The  clean-limbed  fiery  steed  was 
brilliant  black  and  richly  caparisoned;  the  rider  sat 
erect,  with  uncovered  head,  and  performed  a  succession 
of  difficult  feats  with  consummate  grace  and  skill. 
The  rabble  crowded  round  in  senseless  admiration. 
Drums  beat,  trumpets  sounded,  and  loud  acclamations 
arose  from  the  delighted  multitude.  The  horse  be- 
coming excited,  at  length  cleared  himself  from  the 
crowd,  and  dashed  down  the  street  at  full  speed. 
This  was  enough.  No  better  proof  of  the  fitness  of 
the  candidate  for  high  position  and  important  trust 
was  possible.  What  wonder  that  officers  so  elected, 
and  by  such  electors,  should  look  lightly  on  puritan 
principles  and  scrupulous  justice  as  compared  with 
well-filled  pockets,  champagne  suppers,  and  happy 
harlotinffs!  At  the  election  ordered  bv  Governor 
Riley  the  1st  of  August,  Horace  Hawes  had  been 
chosen  prefect.  It  was  an  office  of  his  own  creating, 
and  the  duties  of  the  incumbent  were  subsequently 


no 


THE  ADVENT  OF  LAW. 


of  his  own  defining.  The  duties  of  a  prefect  he 
declared  were  "to  take  care  of  pubHc  order  and 
tranquilHty;  to  pubHsh  and  circulate,  without  delay, 
observe,  enforce,  and  cause  to  be  observed  and  en- 
forced, the  laws,  throughout  their  respective  districts; 
and  for  the  execution  of  these  duties  they  are  clothed 
with  certain  powers,  which  are  clearly  specified  and 
defined.  They  are  particularly  enjoined  to  attend  to 
the  subject  of  public  instruction,  and  see  that  common 
schools  be  not  wanting  in  any  of  the  towns  of  their 
respective  districts.  They  are  also  required  to  pro- 
pose measures  for  the  encouragement  of  agriculture, 
and  all  branches  of  industry,  instruction,  and  public 
l)eneficcncc,  and  for  the  execution  of  new  works  of 
public  utility  and  the  repair  of  old  ones.  They  con- 
stitute the  ordinary  channel  of  communication  between 
the  governor  and  the  authorities  of  the  district,  and 
arc  to  communicate  all  representations  coming  from 
the  latter,  accompanied  with  the  necessary  informa- 
tion." 

There  is  but  one  remove,  it  is  said,  between  a  phi- 
losopher and  a  fool;  and  tall,  gaunt  Horace  Hawes 
could  play  the  one  or  the  other,  as  occasion  required. 
He  was  the  most  foolish  philosopher  and  the  most 
philosophic  fool  San  Francisco  has  ever  supported. 
His  intellect  was  clear,  his  logic  practical,  his  argu- 
ments conclusive,  as  the  following  incident  testifies. 

When  Benjamin  Burgoyne  was  town  treasurer, 
Hawes  presented  for  payment  a  bill  which  he  had 
held  for  some  time  waiting  the  appearance  of  funds 
in  the  usually  empty  municipal  money-box,  and 
said:  "Burgoyne,  I  want  you  to  pay  that  bill."  The 
money  was  counted  out  and  the  treasurer  remarked: 
"  Mr  Hawes,  will  you  please  sign  this  voucher?" 
Hawes  complied,  and  started  off;  but  turning  back, 
as  if  struck  by  a  sudden  thought,  he  exclaimed: 
"  Burgoyne,  let  me  see  that  paper."  The  treasurer 
]  landed  him  the  bill  and  the  voucher  which  he  had 
signed,  when  Hawes  thrust  them  into  his  pocket  with 


CHEAP  OFFICIALS. 


Ill 


the  money  which  ho  had  received.  Said  Burgoyne, 
"  That  bill  is  mine."  Straightening  himself  to  his  full 
height,  and  twisting  his  features  into  a  terrible  scowl, 
Hawes  exclaimed:  "I  am  prefect,  sir,  and  ex  officio 
custodian  of  all  papers!" 

I  shall  have  occasion  to  mention  the  name  of  Mr 
Hawes  again  in  this  work ;  but  I  will  say  here,  that 
notwithstanding  his  peculiarities,  he  was  one  of  the 
best  and  purest  legislators  the  country  ever  had. 

California's  admission  into  the  Union,  the  9th  of 
September,  1850,  was  the  occasion  of  great  rejoicing 
in  San  Francisco  and  throughout  the  state.  Indeed 
HO  elated  were  the  members  of  the  two  boards  of 
aldermen  that  they  voted  themselves  each  a  beautiful 
gold  medal  as  a  present  from  the  city  of  San  Fran- 
cisco. 


Thus  nominally  the  law  spread  its  aegis  over  the 
communities  of  California.  But  there  was  no  great 
benefit  in  it.  The  chief  towns  responded  freely  to 
gubernatorial  calls,  but  little  attention  was  i)rtid  by 
the  lesser  camps  to  the  adoption  of  a  constitution,  the 
organization  of  law-courts,  or  the  meetinu'  of  logisla- 
tive  assemblies.  Little  by  little  the  garment  of  con- 
ventionality was  thrown  over  these  new  communities, 
but  it  was  ill-fitting,  ill-adapted  to  those  social  abnor- 
mities which  it  was  never  made  for,  and  hence  was 
for  the  most  part  thrown  aside  as  useless.  Although 
the  people  were  patriotic  enough,  none  but  the  more 
worthless  would  deny  their  gold-gathering  proclivities 
for  the  gratification  of  political  honor.  It  was  easy 
to  find  men  to  fill  the  liisflicr  offices  of  srovernmeut, 
such  as  governor,  judge,  or  receiver  of  public  funds; 
there  were  plenty  of  men  too  lazy  to  work,  and  with- 
out sufficient  wit  to  live  upon,  who  for  salary  or  per- 
quisites would  accept  office,  but  intelligent  honest 
men  to  fill  the  place  of  inferior  functionaries  at  paltry 
salaries  w^ere  not  forthcoming.  The  pay  of  a  member 
of  congress  was  then  but  eight  dollars  a  day,  and  a 


112 


THE  ADVENT  OF  LAW. 


California  ffold-disjijer  would  abandon  in  disdain  a 
claim  that  did  not  yield  him  twice  as  much. 

Loni;'  before  good  government  and  law-courts  could 
be  established  there  the  Foothills  were  Hooded  by 
a  gold-thii'sty  humanity.  In  the  absence  of  good 
laws  well  administered  the  people  of  the  mining  dis- 
tricts were  obliged  to  make  laws  for  themselves. 
This  tlicy  did  in  the  simplest  manner  and  with  a  view 
to  the  immediate  attainment  of  justice.  Thefts  and 
murders  were  quickly  followed  by  whipping  or  hang- 
ing. These  crude  self-constituted  tribunals  were  soon 
the  terror  of  evil-doers,  who  thereupon  became  aware 
that  it  was  better  to  work  and  be  honest  than  to  steal 
and  1)0  hanged. 

Tlio  community  being  thus  purged  of  its  criminals 
in  the  absence  of  law,  law"  next  biicomcs  criminal 
and  scourges  the  people  through  the  medium  of  its 
ministers.  Every  member  of  society  was  amenable 
to  the  law  except  officers  of  the  law  and  their  friends. 
Plutarch  tells  us  that  "  when  Anacharsis  heard  what 
Solon  was  doing,  he  laughed  at  the  folly  of  thinking 
that  he  could  restrain  the  unjust  proceedings  and 
avarice  of  its  citizens  by  written  laws,  which  he  said 
resembled  in  every  way  spiders'  webs,  and  would,  like 
them,  catch  and  hold  only  the  poor  and  weak,  while 
the  rich  and  powerful  would  easily  break  through 
them."  After  the  trial  and  conviction  of  Socrates  his 
judges  turned  to  him,  according  to  the  custom  at 
Athens,  and  told  him  he  might  bid  for  his  life;  so  in 
these  early  San  Francisco  courts  at  almost  any  stage 
of  proceedings  the  defendant  might  buy  an  acquittal 
with  money.  And  here  as  in  Rome,  false  accusations 
were  sometimes  made  against  good  men,  such  as 
Pliny  complained  of  in  Regulus,  who  of  all  two-footed 
creatures  was  called  the  wickedest. 


CHAPTER  VIII. 


CHARACTERISTICS  OF  CRIME  IN  CALIFORNIA. 

Ay,  do  despise  me.     I  'm  the  prouder  for  it ; 
I  like  to  be  despised . 

Bkhcrxtaff. 


Obviously  the  peculiarities  of  crime  in  California 
arose  from  the  peculiarities  of  conditions.  Bees 
make  their  cells  cylindrical,  but  mechanical  pressure 
gives  them  a  liexagonal  form.  So  it  is  with  crime  and 
criminals;  the  villain  lays  his  i)lans  smooth  and  roun«l, 
but  circumstances  press  them  into  other  shapes. 

Physicists  tell  us  not  only  that  molecules  exist,  but 
that  every  molecule  has  its  individuality;  and  this 
whether  atoms  are  born  of  and  developed  from  ])re- 
existing  forms,  whether  matter  is  or  is  not  self-existent 
and  eternal,  or  whether  matter  may  or  may  not  be 
reduced  to  force  alone.  As  different  phases  of  matter 
in  the  body  act  chemically  when  brought  together  so 
as  to  produce  different  kinds  of  substance,  so  phases 
of  mind,  or  constituent  qualities,  acting  under  the 
chemistry  of  human  nature,  yield  their  several  moods 
.and  affections.  There  are  two  liquids  which  united 
become  solid;  there  are  two  cold  substances  wliich 
united  produce  heat;  there  are  two  evils  which  make 
a  good.  There  is  nothing  that  crushes  manhood 
and  keeps  mind  debased  like  ancient  forms  and  super- 
stitions. It  is  among  the  conservative  elements  of 
state,  church,  and  society  that  we  find  fashion  domi- 
nating sound  sense  and  good  principles,  that  we  find 
form  more  esteemed  than  godliness  or  sweet  charity. 
And  it  is  not  necessary,  in  older  to  be  sustained  in 


Pop.  Tmb..  Vol.  I.    8 


(U3) 


!      ! 


•M 


114 


CIIAnACTKRISTICS  OF  CRLMi:  IN  CALIFORXIA. 


tliiw  aiitiqiio  iiiunimery,  to  make  of  tluj  creator  a  r^v^<♦ 
e,r  movliiiKi,  who  may  l»y  human  exiiostulatioiis  suHi- 
c'iuiitly  loud  or  lo^jical  be  iiuhicod  to  iiitorfen*  in  tlio 
workinijfs  of  tlie  laws  which  ho  has  made:  ho  in  order 
to  he  rid  of  the  tyramiy  it  is  not  necessary  to  deny 
the  possibiUty  of  unexpected  fortunate  occnirences. 
There  was  other  escape  fi"om  this  mental  incubus  in 
the  year  of  «jfi-ace  1849,  which  was  to  encamp  amonj^ 
the  Sierra  Foothills. 

In  the  melodrama  now  beini^  played  the  scones 
wore  dramatic  beyond  descri[>tion.  The  actoi's  and 
their  parts  were  as  varied  as  human  nature  and 
anomalous  circumstance  could  produce.  Comedy  was 
tragic,  and  tragedy  comic;  on  the  same  lK)ard  in 
simultaneous  declamation  were  hero,  clown,  and 
heavy  villain,  who  with  the  plodding  people  as  a  proy 
presented  a  ])erformance  fascinating  in  the  extreme. 

Not  that  California  was  particularly  bad;  not  that 
there  was  less  good  than  evil  abroad;  not  that  San 
Francisco  was  worse  than  any  other  seai)ort  city,  or 
worse  then  than  now.  The  times  were  fi'esher  then, 
and  the  lately  unfettered  nature  of  the  ))eople  was 
more  pnmounced;  but  for  looseness  of  morals,  |)olitical 
and  social,  for  unjirincipled  cunning  on  all  sides,  un- 
blushing rascality  in  high  ]>laces,  a  lavish  expenditure 
of  money  by  the  wealthy  in  order  to  demoralize  law 
and  defeat  the  ends  of  justice,  connnend  me  to  tho 
present  time.  Tho  tyrannies  of  feudalism  were  tame 
as  compared  with  the  inftxmies  of  the  political  and  in- 
dustrial magnates  of  to-day;  for,  as  Thucydidcs  says, 
"it  is  more  disgraeefa)  for  men  in  high  office  to 
improve  their  private  forxunc  by  specious  fraud  than 
by  open  violence.  Mjgl\t  makes  right  in  tho  one  case ; 
while  in  the  other,  man  throws  over  his  proceedings 
the  cloak  of  despicable  cunning." 

In  tho  earlier  social  fermentations,  the  wickedness 
innate  in  every  community  was  more  visibly  apparent 
upon  the  surface.  The  men  composing  the  commu- 
nity were  for  the  most  part,  as  I  have  before  observed. 


of 


HIDDEN  AND  OPEN  VICE. 


115 


from  tlu'  better  walks  of  life,  mon  of  intollinfeiiro  aiul 
fair  traininLj.  Their  instincts  and  tlieir  aspirations 
were  as  a  rule  nol»le.  Tiie  |ie<'uliaritv  of  ti>eir  j)osi- 
tion  lay  ehieily  in  the  faet  that  they  were  without  law 
or  j;overninent.  They  were  n«>t  wild  beasts  o!"  sav- 
n^^es;  therefore  they  neeiled  rule.  In  the  absence  of 
indiiujenous  institutions,  in  the  heteroi^eneous  charaetei* 
of  tills  social  coni|>oun(l,  in  the  <liversity  of  thoui^ht  and 
customs,  and  in  the  varieties  of  opinion  here  min<;led, 
if  ever  stronji^  rule  was  needed  it  was  over  this  con- 
glomeration of  civilized  men  living  almost  in  a  state  of 


savagism. 


In  the  absence  of  a  ruler  every  man  was  his  own 
despot;  each  did  what  wa.s  good  in  his  own  eyes. 
There  were  not  even  those  social  restraints  so  essen- 
tial to  good  behavior,  and  which  are  indeed  stronger 
than  the  strongest  law.  Hence  it  was  that  misbe- 
havior wa«  unblushingly  open.  It  makes  a  vast  dilfer- 
ence  to  refino<l  civilization,  even  to  aisthetic;  religion, 
whether  breaches  of  conventionalisms  be  hidden  or 
o])en,  whether  the  senator  has  seven  mistresses  in 
Washington,  or  the  .saint  an  many  wives  in  Salt  Lake 
City. 

The  superabundant  wickedness  of  to-day  we  hide 
away,  and  aft'ect  not  to  see  it.  We  pass  laws  against 
gambling,  against  prostitution,  against  all  the  more 
rc])ulsive  forms  of  vice,  and  then  with  pious  prudery 
make  the  bare  mention  of  such  obnoxious  evils  profane 
to  ears  polite.  Meanwhile,  nursing  our  secret  sins, 
lying  in  wait  for  opportunity  of  advantage  ov^er  our 
neighbor,  hardening  our  heart  to  the  misfortunes  of 
others,  do  we  not,  under  cover  of  decency  and  respecta- 
bility, indulge  in  all  the  lusts  and  passions  which  we 
so  sanctimoniously  condenm  in  open  offenders?  In 
society  everywhere  we  see  certain  of  the  moderately 
wicked  execrated,  while  others  infinitely  more  wicked 
are  lightly  blamed.  The  forms  that  hide  the  hideous- 
ness  of  vice  cover  brutality,  and  put  on  the  appearance 
of  virtue.     There  is  a  drapery  beneath  which  shame 


It!  J 


h 


If 


116 


CHARACTERISTICS  OF  CRIME  IN  CALIFORNIA. 


will  not  creep.  Neither  religion,  morality,  nor  law  is 
tlio  most  powerful  lever  of  oar  present  social  mechan- 
ics; make  sin  unfashionable  if  you  would  eradicate  it. 
Break  all  the  moral  laws  you  please,  but  beware  how 
you  tread  upon  the  toes  of  society.  Do  you  wish  to 
steal?  Do  it  legally  and  successfully,  as  a  railway  or 
land  monopolist,  and  you  will  be  adulated  in  your  ill- 
gotten  wealth.  There  are  more  refined  ways  of 
killing  than  with  knife  or  pistol ;  affection,  character, 
ambition  may  be  slain,  leaving  the  skeleton  of  de- 
parted hopes  to  stalk  the  earth  as  in  the  pale  moonlit 
streets  of  a  ghostly  city;  and  though  such  deeds  be 
dastardly,  society  does  not  heed  them  so  long  as  they 
are  not  ungenteel,  or  bunglingly  done.  Some  may 
bo  governed  more  or  less  by  an  abstract  sense  of  right, 
based  on  moral  or  religious  ideals,  but  these  form  a 
small  part  of  any  community.  Many  more  think 
their  actions  are  regulated  by  some  such  sentiment 
when  it  is  really  not  the  fact.  . 

Every  age  and  nation  has  its  individuality,  has 
some  leading  form  of  virtue  or  rudimentary  excellence, 
])osscssing  which,  in  the  eyes  of  society,  the  individual 
is  virtuous  and  excellent,  and  lacking  which  he  is 
anathematized.  The  standard  of  excellence  may  be 
at  one  time  courage;  at  another,  religion,  birth,  caste, 
learning,  patriotism,  and  the  like:  each  in  its  turn 
takes  its  place  as  the  moral  ideal.  And  this  ideal 
is  constantly  undergoing  change.  For  example,  the 
virtues  essential  in  Spain,  four  centuries  ago,  are  not 
the  essential  virtues  of  Christendom  to-day.  Then 
obedience  was  the  superior  charm  of  woman;  now  it 
is  chastity.  Then  blind  loyalty  best  became  the  good 
citizen;  now  there  are  men  of  good  conduct  and 
character  who  question  the  immutability  of  any  one 
set  of  civil  or  ecclesiastical  forms. 

Similar  forms  in  character  may  be  generated  from 
different  causes.  Thus  one  nation  is  conscientious 
and  honest  from  habits  inculcated  by  a  life  of  labor 


RELATIVE  MORALITIES. 


117 


and  deprivation ;  another  from  religious  or  superstitious 
motives.  A  long  life  of  painful  self-sacrifice  or  devo- 
tion to  a  cause  may  spring  from  a  desire  to  please  God, 
or  from  a  desire  to  please  one's  self  But  whatsoever 
its  gene'sis,  it  is  this  moral  ideal  that  gives  concretion 
to  society  and  force  to  form. 

The  law  takes  little  cognizance  of  the  relative  good- 
ness and  badness  of  human  nature.  In  its  eyes  a  man 
is  wholly  good  or  wholly  bad.  It  draws  a  line,  and 
all  who  happen  to  be  on  one  side  are  doomed  to  jails 
and  penitentiaries,  while  those  on  the  other  side  may 
go  free.  The  greater  part  of  the  human  family  hover 
near  this  line.  The  good  are  not  very  good  nor  the 
bad  very  bad.  The  law  shows  little  discernment  in 
its  separations.  There  are  many  on  either  side  who 
rightly  belong  on  the  other.  Often  a  little  more 
villainy  would  save  one  from  the  gallows,  and  a  little 
more  benevolence  would  send  many  an  uncondemned 
criminal  thither. 

Back  from  the  line  some  distance  we  find  the  ex- 
tremes. Take  one  each  of  these,  place  them  side  by 
side,  the  greatest  saint  and  the  greatest  sinner;  then 
compare  and  analyze.  Many  qualities  we  find  com- 
mon in  both,  such  as  patience,  application,  knowledge, 
skill,  courage,  self-denial,  affection,  and  a  hundred 
more.  The  difference  in  their  natures  may  be  very 
slight,  so  slight,  indeed,  that  a  pennyweight  more  or 
less  of  this  prejudice  or  passion,  oi  of  that  bent  of 
intellect  or  strength  of  physi  ^ue,  was  all  that  stood 
originally  between  the  paths  that  later  led  to  a  prison 
and  to  a  pulpit.  As  in  nature,  so  in  man,  the  product 
depends  entirely  on  the  mixture  of  elemental  prin- 
ciples and  the  incidents  generated  therefrom  by  envi- 
ronment. 

A  life  of  crime  j^er  se  is  seldom  chosen  by  the  worst 
man.  Cr'  •  is  generally  the  result  of  ignorance  or 
passion,  ine  consequence  is  either  not  known  or  not 
considered.  Aggregations  of  men  may  do  that  with 
impunity  fw  which  individuals  so  offending  would 


H 


!  I 


118 


CHARACTERISTICS  OF  CRIME  IN  CALIFORNIA. 


bo  severely  punished.  What  is  war  but  wholesale 
murder?  How  differs  corporation  from  individual 
swindling?  In  early  California  personal  surroundings 
were  so  different  from  any  hitherto  experienced  that 
one  found  one's  self  in  the  midst  of  a  thousand  tempta- 
tions. And  yet  California  made  very  few  men  bad; 
most  bad  men  were  such  before  coming  hither.  Every 
one  was  here  with  an  avowed  object,  the  accumulation 
of  wealth;  hence  the  one  who  scraped  together  the 
most  gold  was  the  best  man.  This  passion  being  of 
the  baser  sort,  in  the  absence  of  those  restraining  in- 
fluences usually  attending  individuals  so  far  advanced 
in  culture  as  these,  their  baser  part  appeared  upon 
the  surface,  mingled  with  their  better  part  in  a 
degree  unparalleled  in  tlie  gr<3wth  of  communities. 
They  would  have  money;  morality  was  a  difterent 
and  comparatively  insignificant  matter.  The  power 
of  wealth  was  all  the  rcspectabilitj'  necessary.  They 
would  indulge  their  passions  as  they  pleased,  some  in 
one  way  and  some  in  another;  and  as  long  as  a  man 
paid  his  debts  he  was  not  open  to  serious  censure. 
Thus  in  the  association  of  these  heroes  of  the  golden 
calf,  with  the  attendant  elements  of  pugilistic  chivalry 
and  brute  force,  was  seen  what  we  might  call  a  modem 
age  of  antique  intermixtures,  a  combination  of  the 
golden  age,  the  heroic  age,  and  the  stone  age,  with 
latter-day  liberalized  modifications. 

Crime  here  had  an  individuality  not  less  pro- 
nounced than  the  peculiarities  of  the  people.  In 
cliaracter  and  quality  it  partook  of  the  nature  of  the 
times.  Its  origin  was  as  often  vanity  and  liot  blood 
as  it  was  cool,  calculating  cupidity.  Tliere  was  a  chiv- 
alrous l^caring  and  dash  about  it  which  to  many  was 
enticing.  The  danger  of  it  was  charming;  the  field 
for  atrocious  ambition  was  vide ;  murderers  delighted 
in  the  magnitude  of  their  achievements,  notclihig  the 
number  of  their  victims  on  tlie  hilt  of  knife  or  pistol. 
Theft  was  base,  unworthy  a  true  knave-errant.    When 


THEFT  AND  MURDER. 


119 


men  did  steal,  it  was  in  a  sort  of  magnificent  style, 
such  as  highway  robbery,  unearthing  bags  of  buried 
gold-dust,  or  for  revenge.  There  was  glory  even  in 
failure;  the  captured  criminal  was  for  the  time  a  Iiero, 
the  observed  of  all.  !Men  eyed  him ;  women  talked 
of  him;  editors  wrote  of  him.  Business  was  dropped, 
and  whiskey  drunk,  and  court-rooms  were  filled,  and 
briefs  written,  all  for  him.  Jails  were  opened  for  him 
and  free  accommodations  furnished.  He  was  the 
guest  of  the  town.  For  him  sheriffs  bustled,  juries 
sat,  lawyers  ranted,  judges  looked  grave;  and  even 
if  he  was  hanged  there  was  something  flattering  in 
the  punishment. 

There  was  a  subdued  audacity  in  the  fighting  men 
'^f  California.  The  blustering  Ensflishman  had  not 
his  counterpart  here,  nor  the  wild  Irishman,  nor  the 
half-crazed  Frenchman,  nor  the  border  ruffian  of  Kan- 
sas or  Mis,'!)issippi.  There  was  much  of  tlie  gentleman 
about  them,  in  many  much  that  was  chivalrous.  The 
true  Californian  desperado  was  a  mild-mannered  man, 
gentle  in  demeanor,  not  given  to  much  drink,  and 
though  about  to  cut  you  in  pieces,  he  greeted  you  with 
a  smile  of  sardonic  sweetness.  As  a  rule  he  patronized 
the  barber,  sported  a  white  shirt  and  neatly  fitting 
and  well  polished  French  boots;  and  when  carrying 
the  houors  of  a  fresh  murder  he  sometimes  indulyfcd 
in  kifl  liioves. 

S  Aiii'l'ng,  the  Lilliputians  punished  more  severely 
Hr  u  '  !!(;ft,  because  it  was  easier,  they  said,  to  protect 
tiif'ir  pcupi^rty  from  thieves  than  from  cunning  and 
unprliic  >1'  1  persons  who  peri>etrated  their  villainies 
within  the  pale  of  law.  In  like  manner  the  Calilor- 
nians  punished  theft  more  than  murder,  because  men 
carried  their  lives  about  with  them,  and  miglit  defend 
them,  but  property  left  to  itself  was  defenceless. 
The  easy,  open,  self-reliant  disposition  of  the  peoj)le; 
th  jir  fondness  for  harsh  words,  though  so  often  acconi- 
yiii'  !od  by  gentle  deeds,  their  hot  blood  and  hatred 
ioi  •■:  !'atsoever  in  appearance  was  craven,  the  exposed 


1 1 


H 


^i 


j1 


120 


CHARACTERISTICS  OF  CRIME  IN  CALIFORNIA. 


condition  of  men  and  money,  the  free  use  oi"  strong 
dr'.nk,  and  the  necessity  felt  of  always  going  armed, 
ware  among  the  chief  causes  of  bloody  affrays;  and 
when  woman  came,  as  ever  in  the  history  of  the  race, 
she  was  a  new  and  fruitful  source  of  deadly  encounter. 

Thus  it  was  that  crimes  against  the  person  were 
more  general  than  crimes  against  property;  and  one 
cause  of  it  may  be  traced  to  the  grand  opportunity 
for  the  evolution  of  avarice  which  was  oftered  by 
gambling.  In  professional  parlance,  the  dead-broke 
man  could  almost  always,  by  borrowing,  or  working  a 
little,  raise  a  staki\  ad  thus  find  gratification  for 
that  covetous  greet  "  ■  h,  without  this  opportunity 
and  excitement,  must        I  to  schemes  of  darkness. 

Moreover,  where  ever^  man  was  obliged  to  defend 
himself,  and  in  a  measure  to  right  his  own  wrongs, 
greater  license  was  allowed  in  the  employment  of 
deadly  weapons.  When  rifles,  revolvers,  and  bowie- 
knives  were  the  fashion,  when  no  one  was  supposed 
to  be  decently  dressed  without  them,  it  were  a  little 
singular  if  one  should  never  be  allowed  to  use  them. 
Hence  it  was  that  crimes  of  violence,  the  result  of 
excited  passion  arising  from  strong  drink,  gambling, 
fancied  wrong  and  insult,  were  more  common  and  less 
severely  punished  than  crimes  displaying  iimat  mean- 
ness. There  was  no  necessity  for  stealing;  food  was 
plentiful  and  easily  obtained,  very  little  clothing  was 
necessary,  life  in  the  open  air  was  delightful,  and  work 
was  honorable;  on  the  face  of  earth  there  walked,  in 
his  opinion,  no  man  more  noble  than  the  honest  miner, 
even  though  his  woollen  shirt  \yas  never  washed ;  and 
to  sf  nke  a  hearty,  maidy  blow  for  whiskey  or  opinion's 
sake,  even  though  somebody  died  in  consequence,  was 
quite  different  from  the  sneaking  meanness  of  the 
Mexican  cattle  thief  On  the  other  hand,  those  very 
causes  which  diminished  theft  increased  personal 
violence.  Freeness  of  life  and  manner,  stimulating 
drinks,  stimulating  air,  absence  of  social  restrictions, 
all  tended  to  the  turning  loose  of  passion,  and  to  that 


INFLUENCE  OF  DEADLY  WEAPONS. 


121 


gratification  of  appetite  which  breeds  licentiousness 
and  blows.     Hence  it  was  that  in  the  earlier  stajjea 

1    •  •  •  •  • 

of  arbitrary  justice  the  thief  was  hanged  while  the 
murderer  was  left  to  run  at  large. 

In  1875  the  carrying  of  deadly  weapons  without 
special  permission  was  forbidden  in  San  Francisco; 
since  which  time  hundreds  of  applications  for  such 
permission  have  been  made  and  granted.  It  has 
been  questioned  whether  under  this  law  the  safety 
of  the  citizen  or  of  the  robber  is  the  better  secured. 
Men  of  nocturnal  occupations,  and  those  living  in 
lonely  suburbs,  dc(  I'^od  it  necessary  to  go  *  heeled,' 
as  hoodlums  say;  but  the  permits  issued  became  so 
numerous  as  to  include  many  whose  intentions  were 
assault  rather  than  defence.  Coercive  laws,  such 
as  restrict  the  innocent  action  of  responsible  men; 
sumptuary  laws,  laws  against  intemperance  and  im- 
morality, never  will  regenerate  society.  Ho  who 
desires  to  do  murder  will  not  hesitate  to  break  the 
lesser  law  against  carrying  weapons. 

As  in  savagism  ornament  precedes  dress,  so  in 
border  communities  deadly  weapons  precede  the  im- 
plements of  legal  justice.  Everybody,  dimng  the 
Inferno,  the  disreputable  and  the  respectable,  deemed 
it  a  necessity  to  carry  weapons.  This  shows  how 
blinding  is  fashion.  13ccause  hung  to  every  man's 
belt  were  glittering  implements  for  the  losing  of 
human  life,  it  was  taken  for  granted  that  no  life  was 
safe  without  such  implements.  Surely  the  applica- 
tion of  a  little  thought  and  common  sense  to  the 
subject  would  have  shown  them  that  exoe})t  in  ex- 
traordinary cases,  even  in  a  community  of  rough  fire- 
eaters,  he  who  went  unarmed  was  less  liable  to  be 
attacked,  less  in  danger  of  losing  his  life,  than  ho 
who  always  went  armed  to  the  teeth  for  purposes  of 
defence.  Weapons  invite  violence.  They  are  as  bad 
playthings  for  men  as  for  children.  In  California 
they  were  as  dragons'  teeth  sowed  broadcast  along 


I 


1 


122  CHARACTERISTICS  OF  CRIME  IN  C^VLIFORNIA. 

the  Foothills,  which  sprang  up  each  to  the  other's  de- 
struction. Not  less  than  ten  millions  of  dollars  of  the 
precious  metal  taken  from  the  mines  of  the  Pacilic 
States  has  gone  to  pay  for  guns,  pistols,  and  knives 
with  which  the  people  might  butcher  each  other,  and 
without  which  all  would  have  been  better  off. 

Quarrels  between  the  rascals  themselves  were 
promptly  settled  by  bowie-knife  or  revolver.  As  a 
rule  they  died  with  their  boots  on,  as  they  expressed 
it — that  is  to  say,  violent  deaths ;  indeed  they  expected 
nothing  less.  Ancient  belligerents,  each  having  sworn 
to  kill  his  enemy  on  sight,  would  stroll  alx)ut  the 
street  with  eyes  and  ears  on  the  alert,  with  hand  on 
pistol-hilt,  and  on  coming  together  both  would  draw 
and  fire  as  rapidly  as  possible,  neither  of  them  speak- 
ing a  word.  Duels  were  in  order;  of  the  one  hundred 
fought  in  California  about  one  third  were  fatal  to  one 
of  the  combatants.  Althounfli  our  law  makes  duelling: 
a  felony,  no  one  has  ever  been  properly  punished  for 
this  offence;  yet  public  opinion  is  against  it,  and  a 
duel  now  is  of  rare  occurrence.  The  quiet  citizen  the 
ruffian  seldom  molested,  except  in  cases  of  robbery. 
At  no  time  in  the  history  of  the  country  need  any 
well-behaved  man,  minding  his  own  business  and 
avoiding  drinking-saloons,  have  greatly  feared  for  his 
life. 

I  have  said  that  there  were  different  deixrees  and 
methods  of  punishment.  A  warning  to  leave  the 
camp,  or  town,  or  city,  or  country,  was  the  mildest 
form;  whipping  was  not  unusual,  but  hanging  was 
most  common.  In  a  country  where  all  was  turmoil 
and  confusion,  and  where  a  liberated  criminal  would 
be  as  free  as  ever  to  commit  now  crimes  in  another 
camp  or  district,  capital  punishment  seemed  the  only 
effectual  cure.  Suspected  and  disorderly  persons  were 
driven  away. 

Hanging  was  done  in  various  ways — by  shoving 
the  criminal  from  the  door  of  a  loft  while  a  rope 
suspended  him   by  the  neck  to  a  beam  above;    by 


METHODS  OF  PUNISHMENT. 


12S 


running  him  up  to  the  bough  of  a  tree,  a  number  of 
men  having  hold  of  the  rope  and  sharing  in  the 
execution ;  by  mounting  him  on  a  box  or  cask  under 
a  tree,  and  when  all  was  ready  knocking  the  support 
from  under;  by  mounting  the  condemned  on  a  horse 
or  mule,  tying  his  neck  to  the  limb  of  a  tree,  and 
driving  the  animal  out  from  under  him.  Sometimes 
one  of  the  miners  would  be  appointed  executioner,  at 
other  times  all  would  join  in  the  unwelcome  work. 

A  fourth  punishment — hanging,  exile,  and  whipping 
being  the  first  three — was  one  no  less  effectual  than 
novel.  It  was  the  custom  of  committees  of  vigilance 
when  they  had  in  their  possession  a  Imd  character 
against  whom  there  existed  strong  suspicion  but  not 
sufficient  evidence  for  conviction,  before  setting  at 
liberty  such  an  one  to  cause  his  likeness  to  be  tal;en, 
that  all  villain-hunters  might  thenceforth  know  liim. 
The  Chinook  of  tlie  Columbia,  in  the  enjoyment  of 
his  aboriginal  phantasy,  would  sooner  die  than  have 
his  other  or  intrinsic  self,  or  soul,  transfixed  iu  liglit 
and  shade,  or  imprisoned  on  the  canvas  to  be  carried 
hence,  stolen,  and  forever  lost  to  him.  So  tliese 
worse  than  savages,  wlio  preyed  upon  their  kind, 
would  ofttimes  have  preferred  corporal  punishment,  or 
exile,  to  tlie  infliction  of  the  daguerreotype. 

There  is  more  virtue  in  the  lash  for  criminals  than 
many  suspect.  Bound  to  the  wliipping-post,  tlieir 
backs  bared  to  the  sun,  the  performance  which  follows 
is  not  sentiment  alone.  Prisons  the  expert  malefactor 
does  not  mucli  fear.  Even  though  doomed  to  dis- 
appointment, hope  of  escape  never  deserts  him.  But 
the  whipping-post  is  an  abomination,  attended  as  it  is 
with  pain  as  well  as  disgrace. 

Yet  however  overwhelmed  a  mining-camp  may  have 
been  by  cunning  Ic naves  and  unprincipled  miscreants, 
by  desperadoes  newly  made,  and  the  spawn  and  outcast 
of  old  societies;  liowever  crude  the  justice  of  these 
uniledged  civilizations,  and  however  passionate  and 
insane  the  populace  in  the  execution  of  a  popular 


^  I 


124 


CHARACTERISTICS  OF  CRIME  IX  CALIFORNIA. 


verdict,  mixed  with  the  general  mass  there  was  always 
enough  of  leaven  in  tho  shape  of  inherent  n()l)leness 
of  character,  love  of  right,  and  practical  good  sense 
in  the  maintenance  of  order  and  respectability,  to  save 
the  place  from  final  destruction.  This  element  of  re- 
spectability and  a  care  for  appearances  was  greatly 
strengthened  by  the  presence  of  woman,  wlien  slie 
came,  as  well  as  of  churches,  schools,  lyceums,  and 
piano-fortes;  and  while  the  quick-thinking  and  quick- 
acting  people  were  sometimes  overcome  of  impatience 
from  laggard  justice,  officers  of  the  law  became  more 
and  more  respected,  and  were  less  interfered  with  iu 
the  discharge  of  their  duties. 

Early  in  1850  some  few  began  to  think  of  remaining 
permanently  in  the  country,  and  accordingly  sent  for 
their  families.  But  even  later  the  great  mass  of  the 
people  intended  only  to  secure  a  little  fortune  and 
then  hasten  from  these  wild,  and  to  many  detestable, 
shores.  Some  thought  of  a  longer  stay  in  connection 
with  political  preferment  or  professional  adv^ancement, 
but  even  these  looked  forward  in  the  hope  of  a  return 
eastward  after  a  five  or  ten  years'  exile.  Hence  it 
was  that  men,  even  of  cultivated  abilities  and  ma- 
ture character,  who  under  other  circumstances  would 
have  taken  a  lively  interest  in  assisting  to  lay  the 
foundation  of  the  political  and  social  institutions  of 
the  new  commonwealth,  were  careless  of  the  welfare 
of  the  country,  and  took  little  interest  in  society. 
Clusterincr  round  their  heart-strinijs  were  the  old 
home  affections,  and  many  were  the  high  aspirations 
finally  smothered  in  the  hopes  of  return.  They  were 
good  men,  and  respected  the  dignity  of  government 
and  social  order,  but  they  did  not  come  hither  for 
personal  distinction,  or  for  any  other  purpose  but 
fortune. 

Where  money  was  plenty  and  manners  were  free,  for 
the  popularity  of  the  thing,  those  even  who  intended 
soon  to  leave  the  country  forever  might  countenance 
propositions  tending  toward  public  good,  and  might  aid 


HISTORIC  BELLS. 


125 


in  the  establishing  of  schools  and  churches,  hut  the 
heart  was  not  in  it. 

Overlooking  since  1850  the  upper  side  of  Ports- 
mouth Square,  early  San  Francisco's  historic  centre, 
is  the  Monumental  Engine  House.  Many  and  varied 
have  been  the  doings  witnessed  from  its  windows,  for 
in  this  plaza  there  used  to  congregate  men  of  every 
color,  of  every  phase  of  intellect,  of  every  quality  of 
aspiration.  Thence  have  been  seen  crimes  of  every 
sort,  and  some  displays  of  slow  and  of  swift  retribu- 
tive justice.  Assassinations  the  Monumental  windows 
have  seen,  and  riotings,  robberies,  and  hangings;  the 
tented  foreigners  in  their  low  licentiousness,  and  the 
gaudy  saloon,  and  blazing,  music-sounding  betting- 
shops;  the  grandest  of  early  theatres,  tlie  Jenny  Lind ; 
the  custom-house;  the  post-office,  with  its  long  line 
of  anxious  letter -seekers  on  the  arrival  of  every 
steamer;  these,  beside  mobs,  elections,  political  dis- 
plays, citizens'  meetings,  peddlers'  cries,  street  preach- 
ing, and  a  thousand  other  enlivening  scenes. 

There  were  not  many  bells  in  California  then,  but 
the  Monumentals  had  a  bell  on  their  engino-lKJUse 
when  churches  were  obliged  to  do  without.  Fire 
was  king,  and  could  command  what  it  would.  There 
were  other  flames  beside  the  flame  of  fire  tliat  often 
raged  within  hearing  of  this  bell— flames  of  passion, 
and  the  blazing  of  those  lusts  which  so  often  bum  to 
cinders  both  body  and  soul.  All  the  time  those  fires 
of  hell  were  flaming  in  the  bodies  of  men,  who  were 
constrained  to  fight  them  liourly  or  die.  Men's  passions 
were  always  ablaze;  but  when  property  was  on  fire 
the  Monumentals  struck  their  bell,  and  the  alarmed 
citizens  roused  themselves  from  their  beds  to  the 
rescue.  It  may  not  be  out  of  place  to  monti  du  here 
that  the  bell  of  the  Monumentals  was  the  official 
organ  of  the  terrible  tribunal  of  185(5,  when  first 
convened,  and  rang  to  their  death  those  most  able 
and  gentlemanly  scoundrels  of  the  ballot-box  stuffing 
epoch:  yet  it  was  not  the  first  to  sound  the  note  of 


i 


CITARACTEPJSTICS  OP  CRIME  IX  CALIFORNIA. 


warning  to  vicc-riddcn  San  Francisco.  That  lienor 
bclinigH  to  tlio  California  Company's  bell,  which  was 
sounded  with  a  billet  of  wood  by  Mr  Oakcs,  standing 
on  the  ground — which  was  hainnicred  by  that  gentle- 
man when  he  wished  to  rouse  the  pco])lo  to  the  trial 
of  Jenkins,  in  the  sunmier  of  1851.  Later,  the  first 
tribunal  employed  the  bells  of  both  these  conijianies. 
Likewise  was  seen  from  the  same  windows  of  the 
Monumentals  the  chain-gang  at  work  on  the  plaza 
and  public  streets — a  novel  spectacle  in  America — 
twenty  or  thirty  hardened  offenders,  pallid  through 
long  confinement,  clanking  their  chains  to  the  move- 
ment of  pick  and  barrow,  and  warning  the  novice  in 
crime  of  the  fruits  of  evil  doiniy.  In  older  societies 
such  displays  are  rightly  regarded  as  barbarous  and 
debasing;  but  here  some  more  public  and  severe 
punishment  seemed  necessary  than  the  latest  refined 
and  philanthropic  methods.  It  was  not  the  money 
saved  to  the  city,  if  indeed  there  was  any  such  sav- 
ing, but   the   moral  effect  that   alone  justified   the 


measure 


The  police  court,  or  recorder's  court,  as  it  was 
called  before  the  passage  of  the  consolidation  act, 
was  the  medium  by  which  the  moral  ulcers  of  the 
city  were  opened.  The  prisoners  there  every  morn- 
ing arraigned  were  mostly  foreigners,  and  interpreters 
of  every  civilized  language  under  heaven  were  found 
necessary.  And  the  religion  of  these  scoundrels,  and 
that  of  their  friends,  must  be  duly  regarded,  for  the 
vilest  and  most  ignorant  are  often  the  most  relijjious. 
Herein  was  still  greater  diversity.  Each  witness  was 
sworn  by  whatever  pecuhar  sentiment  of  fear  en- 
vironment had  placed  his  imagination  under — the 
Chinaman,  for  example,  by  holding  in  his  fingers 
a  piece  of  burning  yellow  paper,  symbolical  of  the 
burning  of  his  soul  should  he  fail  to  tell  the  truth. 
I  regret  that  faithfulness  enforces  me  to  add  that, 
notwithstanding  this  solemn  invocation  of  spiritual 
fire  which  threatened  to  strew  the  path  to  paradise 


COURTS  OF  JUSTICE. 


127 


with  the  ashes  of  his  soul,  John  did  sometimes  most 
wickedly  lie. 

The  lirst  number  of  the  San  Francisco  Ilcrdhl, 
issued  June  1,  1850,  calls  the  attention  of  its  readers 
to  tlie  open  and  perscverinj^  attempts  at  incendiarism, 
alHrming  that  there  was  then  an  organized  gang  of 
ruffians  devoting  their  time  to  the  disturbance  of  the 
public  peace,  and  to  maturing  plans  of  burning  and 
robbing.  Two  or  three  attempts  to  lire  tiie  town 
were  somethncs  made  in  a  sinjjle  nifjht.  The  jjancr 
was  composed  chiefly  of  Sydney  convicts,  and  corre- 
spondence was  carried  on  between  the  principal  cities 
of  the  state.  Great  difficulty  was  experienced  by  the 
authorities  in  frustrating  their  schemes,  reckless  and 
desperate  as  they  were,  and  practised  in  all  the  arts 
of  villainy.  A  law  was  passed  by  the  legislature  to 
deter  the  coming  of  convicts,  but  up  to  this  time  it 
had  not  been  enlcrced. 

Courts  of  justice  during  those  days  were  frequently 
assailed  by  the  press,  but  they  had  their  defenders. 
Writing  December  13,  1850,  the  editor  of  the  San 
Francisco  I'Jvening  PicaijuncssiyH:  "We  have  not  been 
indifferent,  as  we  have  shown  on  frequent  occasions, 
to  the  unwarrantable  and  disgraceful  attacks  upon  our 
courts,  and  upon  those  who  preside  over  them,  by  one 
of  our  morning  journals.  Wc  deprecated,  at  the  earliest 
moment,  the  appearance  of  a  seditious  and  disorgan- 
izing spirit,  but  were  told  that  all  the  talk  in  which 
it  indulged  about  the  overthrow  of  the  only  defences 
of  our  rights  and  liberties  was  all  nonsense,  and  we 
had  concluded  so  to  regard  it.  We  have  no  fears  for 
the  stability  of  the  tribunals  Avhich  the  people  h^vc 
created,  and  we  have  had  no  suspicions  of  any  a  ■ ;  it 
of  the  purest  integrity  in  the  judges  that  sit  in  them. 
But  we  have  looked  with  inconceivable  displacency 
upon  the  license  that  has  been  assumed,  both  to  con- 
trol and  traduce  them.  We  are  glad  to  see  that  our 
contemporaries  have,  some  of  them,  given  a  strong  and 
manly  utterance  to  a  just,  but  wc  fear  useless,  rebuke." 


i 
I 


128 


CHARACTERISTICS  OF  CRIME  IX  CALIFORNIA. 


This  tended  only  to  stir  up  all  the  more  ordcr-lovinj^ 
citizens,  who  continued  to  curse  tlie  courts  because 
they  would  not  jiunish  crime.  At  last  the  people  of 
California  were  awake,  wide  awake. 

If  they  were  to  remain  here  but  a  week  they  did 
not  wish  to  be  robbed  or  burned  in  the  mean  time. 
Then  grumblinij  became  chronic.  Men  com|)laincd  to 
each  other,  and  came  together  in  mass  meetings,  and 
swore  these  things  should  not  be.  If  crime  had  its 
characteristics,  so  had  those  determined  to  eradicate 
it.  Knavery  of  all  kinds  was  looked  after — the  owners 
of  steamers,  that  they  should  not  carry  more  passen- 
gers than  the  law  allowed,  no  less  than  those  who 
would  cut  throats  or  burn  buildings.  Speculators  who 
caused  flour  to  rise  to  twice  or  thrice  its  value  were 
openly  and  manfully  denounced.  While  in  all  this 
tlicre  was  much  talk,  there  was  some  action,  as  we 
shall  see  before  the  end  of  these  volumes  is  reached. 

In  regartl  to  the  spasmodic  course  of  crime,  I  do 
not  know  that  it  is  more  particularly  so  in  Californir 
than  elsewhere.  I  think  not.  But  here  at  all  oven 
its  character  has  been  clearly  apparent.  For  a  time 
all  would  go  on  smoothly  and  quietly  in  the  line  of 
villainy;  then  suddenly  there  would  appear  a  shooting 
mania  or  a  house-breaking  mania,  or  a  mania  for  solf- 
nmrder,  and  for  a  week  or  a  month  the  columns  of 
the  daily  journals  would  present  a  stirring  calendar. 
Murder  incites  murder;  blood  begets  blood.  Like 
every  wave  of  fashion,  crime  undulates  in  common 
directions.  The  force  of  example  is  no  less  strong  in 
suicide  than  in  silks;  ninety-nine  hundredths  of  all  we 
do  is  done  because  wo  see  others  do  so.  Readinj;  the 
reports  of  rascality,  and  the  warnmgs  against  iniquity 
in  moral  reform  books  and  journals,  engenders  a  morbid 
immorality.  When  all  books  of  a  demoralizing  tend- 
ency are  burned,  our  Sunday-school  libraries  will  be 
cleared  of  half  their  contents. 


CHAPTER  IX. 

LAW  AND  DISORDER. 

Gcsotz  iat  miichtig,  niiiciitiger  die  Noth. 

Goetlif, 


With  the  rise  of  legislative  assemblies,  the  adoption 
of  a  constitution,  and  the  election  of  state  and  county 
officers,  the  administration  of  affairs  in  the  more  settled 
parts  was  taken  from  the  hands  of  the  merchants,  me- 
chanics, and  miners,  and  placed  under  the  direction 
of  the  several  officers  of  the  law  and  legal  tribunals. 
Then  the  wicked  took  heart.  Hitherto  there  had 
been  an  absence  of  those  legal  and  political  juggleries 
which  primarily  are  devoted  to  defeating  the  ends  of 
justice.  Now  might  crime  weave  round  itself  the 
threads  of  law,  as  the  larva  spins  the  protecting  cocoon. 
Most  strange  and  paradoxical  was  it  that  the  eleva- 
tion of  law  should  have  subverted  legal  authority,  and 
that  the  cultivation  of  morals  should  have  so  demoral- 
ized the  community. 

I  say  the  establishing  of  courts  tended  to  encourage 
crime  rather  than  to  prevent  it.  By  manipulating 
primary  elections,  and  managing  the  polls,  unprincipled 
demagogues  were  placed  upon  the  bench,  and  ruffians 
made  court  officers.  The  most  notorious  offenders,  by 
giving  straw  bail,  by  producing  two  or  three  members 
of  their  fraternity  to  swear  an  alibi,  or  by  unblushing 
bribery,  were  sure  of  acquittal  or  escape.  In  one  year,, 
for  two  hundred  murders  committed,  there  was  but  a. 
single  legal  execution.  Police  officers  connived  with 
professional  house-breakers  and  shared  the  spoil. 

While  it  was  easy  to  hang  a  thief,  it  was  difficult 


Pop.  Tbib.,  Vol.  I.    0 


(129) 


130 


LAW  AND  DISORDER. 


to  convict  of  murder  before  the  juries  of  the  interior. 
There  were  so  many  excuses  which  those  could  allow 
who  had  themselves  indulged  in  a  little  shooting,  that, 
oven  when  in  the  early  part  of  1854  juries  began  to 
convict,  they  generally  softened  before  leaving  their 
.seats  and  sent  in  a  recommendation  to  mercy. 

Juries  were  summoned  from  the  hangers-on  about 
c()urt-rooms,  men  fit  for  nothing  else,  scarcely  able  to 
live  by  their  wits,  and  yet  too  lazy  to  work.  Old 
familiar  faces  were  they,  blossoming  under  the  genial 
influence  of  strong  drink;  old  pensioners  they  seemed 
to  regard  tlicmselves,  as  they  did  nothing  but  sit  in 
the  jury  box,  the  same  person  sometimes  serving 
several  times  in  one  dav.  Thus  the  courts  had  always 
at  hand  an  acceptable,  stereotyped  jury  of  retired 
Peter  Funks  from  the  puilieus  of  Long  Wharf,  petty 
liucksters,  perhaps,  or  sham  bidders  at  Cheap  John 
auction  rooms. 

Murderers  were  our  con^jressmen,  and  shameless 
debauchees  our  senators.  Qui'  legislators  were  repre- 
Hontatives  of  the  sediment  of  society,  and  not  of 
worthy  citizens.  An  ex-governor  of  the  state,  John 
IVU'Dougal,  was  arrested  for  election  frauds  shortly 
after  his  return  from  the  east,  in  September,  1856. 
Cowliiding  affairs,  in  whicli  a  woman  was  either  an 
actor  or  tlie  cause,  and  politicians  parties  to  it,  were 
of  common  occurrence.  Affrays  between  attorneys 
in  court,  in  the  name  and  under  the  nose  of  justice, 
and  duels  in  whicli  an  editor,  judge,  or  politician  was 
•r^iirc  to  figure,  were  frequent. 

"There  is  scarce  an  officer  intrusted  with  the  exe- 
cution of  our  state  government,"  writes  the  editor 
of  the  J'Jrcniuf/  Picaijune  as  early  as  August,  1850, 
"scarce  a  legislator  chosen  to  frame  the  laws  under 
wliich  our  interests  and  tlie  interests  of  those  who  are 
U)  come  after  us  are  to  be  regulated,  scarce  a  judicial 
officer  from  the  bench  of  the  supreme  court  down  to 
the  clerk  of  a  village  justice  of  the  peace,  scarce  a 
functionary  belonging  to  the  municipal  administration 


RECORDS  OF  CRIME. 


131 


of  our  cities  and  incorporated  towns,  who  has  not 
entered  upon  his  duties  and  responsibilities  as  the 
means  of  making  money  enough  to  carry  him  home. 
His  devotion  to  the  well-being  and  advancement  of 
the  community  whose  confidence  he  has  sought  and 
won  is  measured  by  the  dollars  and  cents  to  be  acquired 
by  fidelity  and  industry  in  his  place,  rather  than  l)y 
any  prospective  regard  to  the  influence  wliicli  liis 
official  career  may  have  upon  the  destinies  of  the 
conmiunitv  of  which  he  has  no  intention  to  become 
permanently  concerned. " 

From  the  criminal  records  of  1855  I  find  that  in 
California  five  hundred  and  thirty-eight  persons  met 
their  death  by  violenct^  Of  these  three  hundred  and 
seventy  were  white,  one  hundred  and  thirty-three 
were  Indians,  thirty-two  Chinese,  and  three  were 
negroes.  The  most  inoffensive,  it  may  ho  noticed, 
suffered  the  least.  The  record  can  scarcely  be  correct, 
however,  as  regards  the  aborigines,  for  liundreds  of 
them  were  slain  by  the  dominant  race,  the  murders 
beinof  never  made  known.  Duriui?  this  same  year 
forty-seven  persons  are  said  to  liave  been  executed  1)y 
mobs,  and  nine  by  legal  tribunals;  ten  were  killed  ])y 
sheriffs  or  police-officers,  and  six  by  collectors  of 
foreign  miners'  licenses.  Twelve  perished  in  fights 
about  mininy:  claims,  and  eicfht  over  the  cfami no-table. 
Prior  to  1855  homicide  was  at  least  as  frequent. 
The  district  attorney  of  San  Francisco  asserts  that 
durinfj  the  years  1850-n  inclusive  there  were  twelve 
hundred  murders  and  only  one  legal  criminal  con- 
viction. Though  I  do  not  vouch  for  the  correctness 
of  this  statement,  it  was,  to  say  the  least,  a  terrible 
condition  of  things. 

Helper  in  his  LiCind  of  Gold  makes  a  startling 
statement,  which  I  give  for  what  it  is  worth,  lie 
affirms  the  loss  of  life  by  violence  in  California  during 
the  years  1849  to  1854  inclusive  to  have  been  as  fol- 
lows: murders,  4200;  suicides,  1200;  insanity,  1700; 
wrecked,  or  the   victims  of   disease  on  the  voyage 


132 


LAW  AND  DISORDER. 


hither  by  sea,  2200;  perished,  or  killed  by  Indians 
on  the  overland  route,  IGOO;  perished  in  the  mines, 
and  in  prospecting  for  gold,  for  lack  of  care,  or 
scarcity  of  food,  and  by  Indians,  5300.  Total,  1G,400. 
Life  was  cheaper  than  under  Anglo-Saxon  law,  when 
for  killing  a  churl  the  murderer  had  to  pa}^  ten 
pounds,  though  for  sixty  pounds  one  might  kill  a  king 
and  2:0  free.  Had  Herod,  for  the  slaughter  of  the 
Innocents,  been  brought  before  a  San  Francisco  jury 
at  that  time  he  vrould  have  been  acquitted.  Judas 
Iscariot  amongst  the  California  Christians  would 
have  passed  unscathed  so  long  as  any  part  of  his 
thirty  silver  pieces  remained  with  him.  Scores  of  quid- 
nuncs, political  Paul  Prys,  soi  dlsant  patriots,  hung 
round  every  drinking-saloon.  As  Plato  said  of  the 
Athenians,  "It  is  dreadful  to  think  that  half  the 
people  we  meet  have  perjured  themselves  in  one  of 
the  numerous  law-courts."  Thus  the  moral  perspec- 
tive of  society  was  anything  but  pleasing. 

Time  was  when  the  personage  wliom  no  one  knew, 
called  Man  in  the  ]Moon,  was  employed  to  negotiate 
bribes.  But  no  such  clap-trap  was  necessary  in  the 
present  instance.  In  every  precinct  was  a  politician- 
shop,  where  third  and  fourth  rate  wares  from  Ireland, 
and  old  rotten  relics  from  the  eastern  states,  newly 
veneered  and  varnished,  were  palmed  off  on  the  people 
of  California  as  sound  and  genuine. 

The  YQ\m\  of  order  following  the  demolition  of  the 
Societv  of  Rejyulators  was  of  short  duration.  The 
disease  which  had  fastened  itself  on  this  infant  so- 
ciety with  such  virulence  was  not  eradicated,  but  only 
scattered.  Further  indications  of  popular  determina- 
tion were  visible  during  the  midsummer  of  1850, 
and  although  the  climax  was  not  reached  until  six 
years  after,  the  main  issues  were  seldom  lost  sight 
of  In  the  mad  race  of  money-getting,  office-holders 
as  well  as  others  were  troubled  with  the  itching 
palm.  Gold  dust  was  abundant;  every  one  appeared 
to  be  getting  rich;  business  men  were  not  always 


AN  EXPENSIVE  LUXURY. 


133 


over-scrupulous  in  the  means  employed  for  the  ac- 
quirement of  wealth;  San  Francisco  was  a  mighty 
metropolis  in  embryo;  why  should  not  her  othcers 
make  money  with  the  rest?  So  they  voted  them- 
selves larije  salaries,  built  and  bouo'ht  extcnsivL-lv, 
let  contracts  to  supporters  at  double  current  rates, 
stole  the  public  lands,  imposed  heavy  taxes  on  the 
people,  and  swelled  the  public  debt  until  the  young 
city  groaned  beneath  the  weight.  They  were  not  only 
sordid  in  their  craving  for  Ljain,  but  indecent  in  tlieir 
sordidness.  There  were  now  those  present  wbo  looked 
upon  San  Francisco  as  Lneir  future  home,  wlio  liad 
the  city's  true  interests  at  heart,  and  these  regarded 
with  no  favoral)le  eye  the  doings  of  political  leeches. 

Like  everything  Californian,  when  government  set 
in,  it  was  with  a  vengeance.  Following  the  approval 
by  the  people  of  the  city  chai'ter,  ^[ay  1,  1 850,  it 
became  necessary  for  a  eity  of  liiteen  tliousand  in- 
habitants to  pay  a  mayor,  a  i-ecorder,  a  comptroller,  a 
city  marshal,  and  a  city  attorney,  each  a  salary  of 
51510,000  ])er  aimum.  There  was  a  board  of  aldcnncii, 
and  a  lioard  of  assistant  aldermen,  sixteen  members 
in  all,  at  a  salary  of  sG,000  each ;  a  treasuier  at  ii>('),000, 
and  a  tax  collector  at  i?l  8,000.  When  the  othcials 
voted  this  Vi'ai'ly  expenditure  of  !^170,000,  and  other 
like  exorbitant  sums,  out  of  the  })eo])le's  })ockets  into 
their  own,  under  the  usual  caption,  'The  })eoplc  of  the 
city  of  San  Francisco  do  ordain,'  it  was  tirst  thouglit 
to  be  a  joke,  though  a  sorry  one,  and  it  was  su))pose(l 
the  ordinance  would  be  immediately  rescin(K'd.  Such 
was  not  the  case,  liowever,  and  it  soon  became  a])parent 
that  tlie  citizens  would  not  sul)mit  to  it.  1'he  city 
was  already  heavily  in  debt,  and  no  provision  liad  been 
made  for  the  [)ayment  of  obligatit>ns  long  since  (Uie. 
Such  a  course  was  blighting  to  lier  pj'os])ccts,  ruinous 
to  her  credit,  and  calculated  to  drixc  awav  settlers 
and  ca[)ital. 

On  tile  ;}d  of  June  a  call  was  made  to  attend  a 
primary  meeting  at   tlie   ^[erchants   Exchange,  [ire- 


^' 


184 


LAW  AND  DISOKDRR. 


paratory  to  a  mass  meeting  to  be  lield  for  ilio  i)urpose 
of  adopting  prompt  and  efficient  measm*es  for  retreneli- 
nient  and  reform.  The  meeting  was  well  attended  by 
the  most  intelligent  and  influential  men  of  the  city. 
But  this  was  not  all.  So  general  was  the  indignation 
felt  toward  tluj  common  council  for  its  late  unwar- 
rantable conduct,  that  without  concert  several  sinud- 
taneous  meetings  had  been  projected  by  different 
parties  of  citizens.  "We  are  willing,"  said  they,  "to 
submit  to  just  and  equal  taxation.  t(^  pay  our  munici- 
pal otHccrs  who  devote  their  time  to  public  affairs  a 
reasonable  salary,  but  tlie  ignorance,  together  witli 
the  lack  of  enersiy  and  abilitv  manifested  by  the  new 
council  in  extricating  the  city  from  tinancial  dilH- 
culties,  requires  imme<liate  action  on  the  part  of  the 
people." 

At  eio'lit  o'clock  a  laroe  and  entliusiastic  meetinijf 
was  held  in  the  plaza,  the  cheers  and  groans  from 
which  every  now  and  tlien  fell  with  electrical  effect 
on  the  ears  of  the  aldermen  in  session  near  bv.  ( )n 
the  evening  of  the  5th  a  still  larger  meeting,  the 
largest  ever  yet  assembled  in  Portsmouth  Square, 
opeidy  avowed  the  principle  that  the  j'oople  should 
not  tamely  suffer  wrong  at  the  liand  of  their  rulers. 
There  was  no  thought  of  disorder,  or  of  inflaming  the 
public  mind,  or  of  rousing  themselves  into  a  passion. 
Violence,  either  in  word  or  deed,  was  condemned. 
"We  do  not  intend  to  mol)  them,"  said  ( roneral  Wil- 
son, who  presided;  "we  come  here  to  give  forth  the 
voice  of  this  comnumity."  The  great  public  heart 
was  aroused,  and  the  [teople  had  resolved,  cahuly  but 
decidedly,  to  tell  their  evil-minded  offlcials  to  chanufc 
their  course  or  resign. 

A  committee  of  twenty-five  was  appointed  to  wait 
on  the  council  and  make  known  the  will  of  the  people, 
wliicli  was,  "to  abandon  the  scheme  of  high  salaries, 
and  remodel  the  schedule  of  oppressive  taxation;  and 
unless  willing  to  do  so,  to  resign,  and  give  place  to 
more  efficient  and  patriotic  men."     The  council  re- 


PATIENCE  OP  THE  CITIZENS. 


135 


ceived  this  reproof  coldly,  and  laid  it.  on  the  tahle. 
This  was  heaping  insult  on  injury.  The  people 
had  placed  the  councilnien  in  power;  they  had  a 
right  to  meet  to  comment  upon  their  acts,  and  to 
demand  that  those  in  office  should  not  misrepresent 
them. 

On  the  12tli  of  June  another  mass  meeting  was 
held,  and  the  same  committee,  with  power  to  increase 
its  number  to  five  hundred,  was  authorized  to  present 
the  same  resolutions  before  the  common  council,  in 
such  form  as  the  committee  sliould  think  proper.  ( )\' 
this  committee  J.  L.  Folsom  was  chairman.  After 
having  added  the  authorized  five  hundred  to  their 
number,  the  committee  resolved  to  march  in  pro- 
cession to  the  council  chambers,  and  tliere  demand 
obedience  to  the  people's  wishes.  The  evening  of 
Juno  I'tth  was  the  time  fixed  for  this  second  visit,  but 
on  that  day  one  of  the  great  fires  swept  the  city, 
and  furtlier  action  was  delayed.  The  result  of  tliese 
meetings,  howevei,  M'as  to  check  the  extravaganc(!  of 
the  ofiicials,  and  oive  them  wholesome  warnin<r. 

These  facts  are  important  as  showing  the  mildness 
and  forbearance  of  the  citizens  of  San  Francisco  under 
aggravating  wrongs.  Far  from  beino-  riotous  or  dis- 
orderly,  they  were  lovers  of  law  and  tjuiet;  and  never, 
until  all  other  means  liad  failed,  anil  time  had  worn 
patience  to  a  film,  and  the  actual  salvation  of  the  city 
de[)ended  on  it,  did  they  resort  to  arms.  Notwith- 
standing their  nerve,  judgment,  and  decision,  there 
never  was  a  more  orderly  and  peace-loving  people; 
otherwise  how  should  they  have  staked  their-  all  ^ov 
order  and  peace?  Surely  they  might  Iiave  rioted 
witli  the  rest,  ha<l  they  so  chosen. 

Xot  until  the  lOtli  of  December,  1852,  did  the  first 
capital  execution  under  sentence  of  a  lawful  tribunal 
take  place  in  the  county  of  San  Francisco.  The  name 
of  the  person  laying  claim  to  this  distinction  was  .lose 
Forner,  and  his  crime  the  murder  of  a  IVEexican  in 
Pleasant  Valley  on   the    13th  of   SeptenJjer.     The 


13G 


LAW  AND  DISORDER. 


execution  took  place  on  the  slope  of  Russian  Hill, 
about  three  quarters  of  a  mile  from  the  county  jail. 

At  Sacramento  matters  were  no  better.  Not  satis- 
fied with  attempting  to  overawe  the  people,  the  self- 
a})})ointecl  regulators  of  society  sought  to  suppress 
])ui)lic  opinion.  In  a  certain  is.suo  of  the  Sacramento 
Times  the  editor,  Mr  Lawrence,  had  called  the  atten- 
tion of  the  city  authorities  to  a  drinkinix-saloon,  called 
The  Branch,  nnmediately  opposite  his  office,  where 
daily  and  nightly  orgies  were  held  of  a  noisy  and  dis- 
reputable cliaracter.  For  this,  about  'J  o'clock  on 
Sunday  night,  the  13th  of  April,  1851,  as  he  was 
jjassing  tlie  place  on  his  way  liome  from  the  theatre, 
he  was  set  upon  by  a  gang  of  hangers-on,  some 
twenty  or  thirty  in  number,  knocked  down,  and  beaten 
into  insensibility.  And  tliey  threatened  with  like 
punishment  any  editor  who  dared  question  their  yile 
proceedings.  This  dastardly  attack  upon  a  worthy 
man  for  doing  nothing  but  his  duty  roused  the  indig- 
nation of  the  peoi)le,  who  thereupon  issued  a  circular, 
signed  l)y  about  a  thousand  of  the  best  men,  in  which 
they  declared  their  alarm  at  the  growing  indications 
of  crime  in  their  midst.  "We  had  hoped,"  said  they, 
"that  the  summary  j)unishment  which  has  already 
been  inflicted  upon  a  number  of  the  villains  who  have 
been  detected  in  crime  would  admonish  the  balance, 
and  free  us  from  any  further  inroads  upon  our  laws, 
our  rights,  or  our  lives.  We,  therefore,  having  heard 
that  they  design  an  attack  upon  the  various  editors 
of  the  eitv,  and  in  their  own  lani»'uaije  to  make  a  clean 
sweep  of  them,  do  liereijy  pledge  ourselves  to  sustain 
evei'v  paper  in  Sacramento  in  reprobating  to  the  full 
extent  of  their  power  the  outrages  of  these  scoundrels 
in  inifjuity.  .Vnd  we  furthermore  assure  the  editors 
and  })ublishers  of  our  city,  sepai-atelv  and  collectively, 
that  if  any  or  the  slightest  injury  be  inflicted  upon 
one  or  any  of  them  in  consequence  of  such  a  course 
editorial  being  jtursued,  we  will  inflict  upon  the  parties 


I  ' 


INCENDIARISM. 


137 


SO  injuring  a  punishment  from  which  they  will  never 


recover. 


To  return  to  San  Francisco.  The  first  of  December, 
1850,  affairs  stood  thus:  Highway  robbery,  hitherto 
confined  to  the  outskirts  of  the  city  and  perpetrated 
only  at  night,  had  entered  the  town  and  was  practised 
in  tlie  daj'time.  Crime  st  Jked  bold!}'  in  the  puUic 
thoroughfares.  Attempts  at  incendiarism,  with  a  ^"iL^v 
of  profiting  by  the  confusion  and  securing  plunder, 
were  frequent.  It  was  ascertained  beyond  (jucstion 
that  another  organization  existed,  and  that  its  agents 
were  in  every  part  of  the  city  engaged  in  divers  oecu- 
l)ations  that  their  nefarious  schemes  might  thereby 
the  better  be  covered.  Thev  had  spies  who  usuallv 
assumed  the  role  of  peddlers,  and  under  pretence  of 
disposing  of  their  wares  examined  prcmisi'.s  marked 
for  robber}'.  The  police  force  was  small  and  ineffieieut. 
In  case  of  an  arrest  tlie  law  was  powerless;  false  wit- 
nesses were  suborned,  and  straw  bail  given,  and  not 
more  than  one  in  ten  was  ever  convictetl.  Crimes 
were  classified  and  systematically  parcelled  out  to 
adepts.  A  large  number  of  boys  from  ten  to  .sixteen 
years  of  age  were  emj^loyed;  these,  trained  by  their 
superiors  in  crime,  displayed  marvellous  dexterity. 
Females  also  belonged  to  the  band;  and  there  were 
houses  of  refuge,  and  places  where  tlieir  im[)lements 
were  concealed.  Says  one  of  the  journals  of  the  day: 
''We  believe  it  to  bo  the  dutv  of  everv  citizen  to  arm 
and  hold  himself  in  readiness  to  act  in  tlie  ca])acity 
of  guardian  of  public  safety  at  any  moment.  There 
should  be  a  simple  machine  of  wood  erected  on  tlie 
plaza,  with  a  rope  attached,  and  some  five  or  six 
examples  should  be  made  which  would  strike  terror 
into  the  rest." 

A  fire  which  occurred  on  the  night  of  the  1 4th 
of  December,  evidentlv  the  work  of  an  incendiarv, 
lighted  in  the  iron  building  of  Cooke  Brothers  and 
Company  on  Sacramento  street  between  Lcidesd<jrff 


I 


138 


LAW  AND  DISORDER. 


I  '■ 


and  ^Tontgomery,  for  the  purpose  of  burning  the 
Pacific  Mail  Steamship  Company's  office  near  by  so 
as  to  seize  the  treasure  left  there  for  shipment,  called 
forth  similar  plain  expressions  from  the  Ilerahl,  whoso 
editor,  as  we  shall  see,  was  ruined  by  opposition  to  the 
Vifjilance  Committee  of  1856:  "We  do  not  advocate 
the  rash  and  vengeful  infliction  of  summary  punish- 
ment on  any  person  against  whom  the  proof  is  not 
positive  of  his  connection  with  those  crimes;  but 
although  opposed  to  capital  punishment  in  old  com- 
munities, where  the  execution  of  the  law  is  so  per- 
fectly systematized  that  justice  seldom  fails  of  its 
victim,  we  nevertheless  liclieve  that  some  startling 
and  extraordinary  correction  is  necessarv  in  Sau 
Francisco  to  arrest  the  alarming  increase  of  crimes 
against  property  and  life,  and  to  save  the  remainder 
of  the  city  from  destruction." 

William  Wilson  was  caught  stealing  a  shirt  and 
vest  in  Middleton  and  Hood's  crowded  auction  room, 
in  San  Francisco,  in  Fel)riiary.  This  kind  of  thing  was 
becoming  too  common.  AVith  one  accord  the  buyers 
present  stopped  their  Indding,  and  turning  upon  tlie 
wretcli  beat  him  with  fists  and  clubs  and  iron  hoops 
until  well  scarleted  with  his  own  blood,  when  they 
handed  liim  over  to  a  policeman. 

The  I)th  of  March,  1S5I,  witnessed  an  indignation 
meeting  on  the  plaza.  The  Herald  was  then  the 
champion  of  the  people's  reform  party,  as  it  was  in 
185G  the  ultra  organ  of  the  law  and  order  party. 
William  Walker,  one  of  its  editors,  for  some  time  past 
had  been  endeavoring  to  rouse  the  people  from  their 
letliargy  in  regard  to  social  disorder,  and  in  so  df)ing 
had  indulged  in  severe  strictures  on 'the  masterly 
inactivity  of  the  courts.  This  displeased  Judge  Levi 
Parsons,  of  the  district-;  court,  who  requested  the 
grand  jury  to  pronounce  the  press  a  nuisance,  and 
punish  its  plainness  of  speech.  The  Herald  retorted. 
Walker  was  arrested,  brought  into  court,  and  fined 
five  hundred  dollars  for  contempt,  which  he  refused  to 


THE  CASE  0*'  SLATER. 


130 


pay  and  so  was  sent  to  prison.  Four  thousand  people 
met  and  said  the  thing  should  not  l)e ;  four  thousand 
people  condoled  with  Walker  in  prison,  and  requested 
Parsons  to  resign.  A  writ  of  habeas  covjms  from 
the  superior  court  liberated  the  imprisoned  editor. 
Under  popular  censure,  more  fully  expressed  by  the 
state  legislature  then  convened,  the  power  of  the  irate 
judge  withered,  and  not  long  afterward  he  resigned. 

The  last  day  of  this  same  month,  while  the  exam- 
ination of  William  Slater  for  the  murder  of  Elijah 
M.  Jarvis  was  in  progress  at  the  court-house  on  the 
plaza,  as  tlie  officers  were  conveying  the  prisc»iier 
from  the  court-room  to  prison,  a  party  of  twenty 
horsemen  from  ^lission  Dolores  made  a  dash  at  tluan, 
for  the  purpose  of  seizing  Slater,  taking  him  to  the 
Mission,  and  hanging  him.  The  niurder  liad  been 
committed  under  the  mcjst  aggravating  eircumstaiices, 
and  the  people  knew  of  no  earthly  power  from  which 
they  might  seek  redress.  Followed  1)V  an  excited 
crowd,  tlio  otHcers  hurried  their  prist)ner  along  Kearny 
street,  and  secured  liim  in  tlie  statiou-liouse,  although 
they  were  well-nigh  tram[)led  by  the  horsemen.  Tlius 
foiled,  the  Mission  men  were  furious.  After  an  un- 
fruitful eilbrt  to  excite  a  raid  upon  the  prison,  with 
loud  oaths  they  retired. 

As  if  the  combined  misdeeds  of  the  othf-ers  of  the 
law  and  tlie  legitimate  dealers  in  hunum  blood  v  ere 
not  enougii  to  exhaust  the  patience  of  the  lionent  and 
industrious  of  San  Francisco,  a  new  order  of  yet 
more  aggravating  villainy  was  now  brought  forward. 
This  was  nothing  less  than  a  determination  on  tin- 
part  of  the  vultures  to  burn  the  city,  for  the  oppor- 
tunity it  would  otler  for  pillage.  Fire  is  the  devil's 
natural  element;  and  if  now  of  the  merchandise  and 
buildings  of  the  city,  the  products  of  extraordinary 
toil  and  privations,  a  grand  bonfire  could  be  made, 
the  emissaries  of  Satan  might  at  one  sweep  avenge 
all  past  attempts  of  retributive  justice,  and  hold  a 
hellish  jubilee. 


140 


LAW  AND  DISORDER. 


The  great  fire  of  the  4th  of  May,  1851,  occurring 
on  the  anniversary  day  of  the  great  fire  of  May  4, 
1850,  was  supposed  to  have  been  the  work  of  the 
miscreants.  It  started  in  a  paint-shop,  the  owners 
of  which  claimed  to  have  exercised  their  usual  pre- 
cautions. Be  this  as  it  may,  eleven  days  after, 
almost  before  the  smoke  of  the  great  conllagration 
liad  wholly  cleared  away,  there  was  another  attempt 
made  to  fire  the  city  about  which  there  is  no  ques- 
tion. Some  infiammable  substance  was  ingeniously 
arranged  in  a  store-room  of  the  Veranda  saloon, 
corner  of  Kearny  and  Washington  streets,  to  which  a 
slow-match  had  been  applied.  It  was  extinguished 
before  it  had  spread.  The  next  night,  the  IGth  of 
^lay,  the  city  hospital  then  filled  with  patients  was 
fired  by  placing  a  burning  lamp  under  a  straw  bed. 
The  flames  were  blazing  brightly  when  discovered, 
and  the  buildii.g  narrowly  escaped. 

This  was  not  all.  ()n  the  night  of  the  3d  of 
June,  one  month  al'tei'  the  last  great  annual  May  fire, 
two  attempts  were  made  to  burn  tlie  city.  A  pile 
of  shavings  was  found  ignited  under  the  stairway  of 
a  now  house  on  Commercial  street,  where  a  few 
minutes  before  certain  suspicious  persons  had  been 
seen  lurking. 

The  same  night  one  Benjamin  Lewis,  a  Sydney 
convict,  was  arrested  for  firing  a  house  on  Long 
Wharf.  During  the  preliminary  trial  a  cry  of  fire 
was  raised.  Though  the  alarm  was  false,  the  excite- 
ment was  so  great  that  the  officers  were  conn)elled  to 
I'einovc  the  prisoner  to  another  lOom.  When  the 
judge  announced  that  the  pi-isoner-  would  l)e  com- 
mitted for  trial,  and  ordered  the  sheriff  to  bring  him 
in,  from  the  door- way  cries  were  heard,  "Hang  himl" 
"Lvnch  him!"  "Bring  him  outl"  Fast  fillins:  the 
street  was  a  tumultuous  mob  gathering.  The  mayor 
ordered  the  California  and  Washington  guards  t(j 
hold  themselves  in  readiness,  and  mounting  the  upper 
balcony,  essayed  to  quiet  the  people.     Meanwhile  the 


I 


SAFETY  OF  THE  CITY  THREATENED. 


141 


prisoner  was  secretly  removed  to  a  safer  place;  anrl 
on  the  assurances  of  the  mayor  and  marshal  that  he 
should  have  a  prompt  trial  the  crowd  dispersed. 

Fire  was  kinilled  simultaneously  in  several  places 
on  California-street  wharf,  where  were  quantities  of 
hay  and  lumber,  on  the  7th  of  June.  The  flames 
were  discovered  and  quenched.  Next  morning  the 
Aha  California  came  out  in  a  strong  editorial  urging 
the  people  to  unite  and  adopt  measures  for  saving  the 
city.     The  day  of  reckoning  was  at  hand. 


CHAPTER  X. 


MOBOCRACY  IX  THE  MINES. 


Ell  io  cho  di  mirar  mi  stavii  inteao, 
Vidi  fj'cnti  fangosc  in  qiu'l  piiiitano, 
Ignudo  tutte,  ;■  cow  semljiauto  offeso. 
Questo  «i  peicoteuii,  iioii  pin-  con  niano, 
Ma  con  la  testa,  c  col  potto,  o  cu  picdi, 
Ti'oncandosi  co  'deuti  a  brano  a  brano. 

Dell  'Inferno. 

While  San  Francisco  was  thus  being  stirred  by 
the  spirit  of  evil,  let  us  look  at  other  parts  of  the 
state  and  see  liow  matters  were  progressing  there. 

In  the  great  \alleys  of  the  San  Joaquin  and  Sacra- 
mento, during  the  year  1849,  the  halcyon  days  of  the 
previous  year  for  the  most  part  continued;  neverthe- 
less there  were  short,  quick  spasms  of  justice  among 
the  miners,  which  as  a  faithful  recorder  of  events  I 
cannot  pass  umnentioned.  Although  drop[)ed  into 
the  concretions  of  the  new  societies  as  a  hisus  naturw, 
they  nevertheless,  to  a  calm  observer,  were  significant 
of  what  woul  •  speedily  follow. 

From  the  time  of  the  Greek  voyager  Ulysses  to 
that  of  the  English  philosopher  Shaftesbury,  dissimu- 
lation has  been  regarded  as  an  indispensable  quality 
in  governing.  Without  art  and  policy,  without  intrigue 
and  overreaching,  no  man  or  set  of  men  might  rule. 
Qui  ncscit  dii^sumi/arc,  nesck  regnare.  The  moral  code 
of  almost  every  age  and  nation  recognizes  deceit  as  a 
fair  weapon  to  be  used  against  an  enemy. 

In  this  respect  the  morals  of  the  Californian  miners 
were  far  purer  than  those  of  the  Machiavellian  school. 
They  would  shoot  their  enemy,  or  hang  the  enemy 

(1*2) 


\ 

I 
C 
V 
U 

o 


MORALS  OF  THK  MINERS. 


143 


of  their  camp,  but  they  would  not  deceive  liini.  Tliey 
found  II  way  to  rule  themselvcH  and  their  little  societies 
without  Jesuitical  cunning.  They  were  the  sons  of 
their  father  Adam  whose  eyes  had  been  opened  to 
know  good  and  evil,  mid  when  they  saw  wickedness 
coming  into  camp,  warned  hy  the  folly  of  their  primo- 
genitor, they  lifted  their  heel  and  crushed  it. 

Foote  thinks  that  with  the  greatest  }jro})riety  we 
may  laugh  at  him  who  affects  to  be  what  he  is  not,  or 
who  strives  to  be  what  he  cannot.  Far  less  than  the 
subtle  diplomatist  who  scorns  the  sim})lc  methods  of 
honest  men;  far  less  than  tlie  politician  who  jireys  on 
the  j)atriotisni  of  honest  men;  far  less  than  the  ruler, 
or  legislator,  or  law-manij»ulator,  who  wouhl  tlu'ottle 
honest  men  sooner  than  permit  them  to  })unisli  crime 
if  such  action  is  to  disturb  the  slumber  of  his  sacred 
form — far  less  than  these,  to  whom  dissimulation  is 
bread,  do  the  miners  of  California,  in  their  adminis- 
tration of  justice,  subject  themselves  to  the  derisive 
smile  of  any  one.  Simple, honest, earnest,  they  afiectetl 
nothing,  and  in  the  direction  of  self-government,  at- 
tempted nothing  which  they  failed  to  accomplish. 
Here  was  a  people  who  might  give  Solon  oi-  Jus- 
tinian a  lesson  in  the  method  of  executing  justice. 
Some  one  has  said  that  their  practical  cast  of  intellect 
made  the  Romans  the  great  law-givers  of  all  at^es. 
With  equal  propriety  we  might  observe  that  the  Cali- 
fornian  miners,  by  their  cast  of  circumstances,  have 
shown  to  the  world  moie  than  any  other  peo})le  who 
ever  lived  how  civilized  men  may  live  without  law  at 
all.  Their  code  was  as  far  as  possible  removed  from 
that  of  society  morals,  which  is  founded  in  the  main 
on  the  malum  prohibitum  rule,  that  makes  a  thing 
wrong  because  it  is  forbidden.  It  was  most  catholic, 
most  simple.  Let  every  man  do  what  best  pleases  him, 
only  he  must  not  injure  his  neighbor;  if  he  docs,  he 
will  be  put  where  he  cannot.  The  forty  thousand  vol- 
umes or  so  of  sage  decisions  issued  by  the  bewigged 
of  divers  nations  contain  no  more  law  than  this. 


144 


MOBOCRACY  IN  THE  MIXES. 


,  • 


I    ; 


It  is  the  duty  of  the  government,  if  there  be  any 
government,  to  protect  the  people;  if  not,  of  a  surety 
the  people,  if  they  be  not  dolts,  will  protect  themselves. 
The  Hundred  Court  of  ancient  England  was  bound 
to  pay  all  loss  by  robbery  unless  it  captured  the 
felon.  It  may  be  that  we  expect  too  nmch  of 
government;  but  if  so,  does  not  government  expect 
too  much  of  us?  How  then  shall  imperfect  man  make 
for  himself  a  perfect  government?  Dull,  obstinate, 
and  irrational  in  its  units,  how  shall  aggregated 
humanity  display  moral  and  intellectual  wisdom?  But 
for  the  so-called  evils  which  are  forever  whipping 
us  into  rectitude,  we  should  straightway  fall  upon 
destruction. 

To  Placerville  belongs  the  honor  of  the  first  popular 
tribunal  of  the  placer-mining  epoch.  Distant  but  nine 
miles  from  Colonia,  where  gold  was  first  discovered, 
the  spot  where  now  stands  the  town  was  early 
occupied  by  diggers.  Placerville,  however,  was  not 
the  original  name  of  the  camp.  It  was  first  called 
Dry  Diggings;  afterward,  for  the  reason  w^liich  we 
shall  presently  see,  Hangtown. 

It  was  not  a  pleasing  spectacle,  this  first  display  of 
unchained  justice  among  the  miners;  but  what  could 
they  do?  Five  men,  one  night  about  the  middle  of 
January,  1841),  had  entered  the  sleeping-room  of  a 
Mexican  gambler  named  Lopez,  and  had  attempted 
to  rob  him.  One  of  them  had  placed  a  pistol  at  the 
head  of  the  gambler,  while  the  others  seized  his 
effects.  Before  they  could  escape  Lopez  had  suc- 
ceeded in  giving  the  alarm.  Roused  by  his  cries,  the 
miners  had  ruslied  in  and  arrested  the  whole  gang. 

Again  I  ask,  what  could  they  do?  Stand  there 
holding  the  thieves  until  a  jail  was  built,  or  until 
congress  should  send  sheriff  and  judge?  They  must 
either  turn  them  loose  to  further  and  instant  crimes, 
their  numbers  quickly  multiplied  by  the  absence  of 
punishment,  or  they  must  themselves  do  justice,  God 


HANGTOWN  AND  ViaNITY. 


i4o 


liclping  them,  as  best  they  might.  So  they  selected 
from  amongst  their  number  twelve,  who  ordered  the 
culprits  to  receive  each  thirty- nine  lashes;  which 
having  been  well  laid  on,  with  due  energy  and 
decorum,  three  of  the  five,  Garcia  and  Bissi,  French- 
men, and  Manuel,  a  Chileno,  were  further  charged 
with  robbery  and  attempted  murder  on  the  Stanislaus 
the  autumn  previous.  The  charge  was  easily  enough 
proved;  the  men,  lying  exhausted  from  their  late 
punishment,  were  unable  to  stand  or  speak  during  tliis 
second  trial  "Wliat  shall  be  done  with  them?"  the 
improvised  judge  asked  of  the  two  hundred  assembled. 
"Hang  them,"  said  one.  E.  Gould  Buftiim  was  there, 
and  mounting  a  stump  begged  them,  in  the  name  of 
God,  humanity,  and  law,  to  desist  from  their  meditated 
action.  But  the  miners,  now  warmed  with  drink, 
would  not  listen  to  him.  The  prisoners  were  bad 
men,  and  this  thing  must  be  stopped  at  once.  So 
with  ropes  round  their  necks,  the  three  condeunied 
were  driven  in  a  wagon  under  a  tree,  and  there 
lianged;  after  which  they  were  cut  down  and  buried 
ill  their  blankets.  And  thereupon  the  place  which 
before  this  was  known  as  Dry  Diggings  was  for  a 
time  called  Hangtown. 

Amongst  the  many  Edcns  of  this  early  epoch  none 
were  more  radiant  than  Rose  Bar,  where  two  hundred 
miners  were  encamped  in  October,  1849.  Of  many 
another  Eden,  and  of  all  the  country  round.  Rose  Bar 
was  tlie  envy,  for  it  enclosed  its  Eve,  a  white  one, 
called  by  courtesy  Mrs  Mace,  being  the  ijuasi  spouse 
of  a  New  Orleans  captain  of  that  name.  With  rocker 
and  (juicksilver,  returns  were  from  one  to  six  ounces 
a  day,  and  life  was  as  high  as  the  labor-returns.  Life 
was  high,  but  it  was  soft  and  heavenly,  for  a  woman 
was  there,  a  white  one.  Not  far  from  her  (,'abin  was 
a  nice  nest  of  Mississippi  River  poker-players,  sar- 
donically smiling  in  answer  to  pet  names,  such  as  Blue 
Peter,  Dungaree  Jack,  and  Arkansaw  Pike.    Between 

Pop.  Tmb.,  Vol.  I.    10 


140 


MOBOCRACY  IN  THE  MINES. 


such  rare  delights  the  captain  was  a  spirit  blest,  for 
he  loved  the  company  of  the  poker -players,  and  left 
with  them  many  an  ounce ;  until  at  length  Mrs  Mace, 
declaring  herself  competent  to  do  wickedness  for  the 
family,  left  her  lord  and  marched  away  to  San  Fran- 
cisco, where  she  opened  a  house  of  unquestionable 
entertainment.  Nor  could  Rose  Bar  ever  entirely 
recover  from  the  refining  effects  of  the  female  presence. 
Aside  from  this,  it  was  an  exceedingly  moral  place. 
There  were  no  lawyers  there,  no  doctors,  and  but 
one  thief,  Woolly  Mike,  who  rose  early  one  morn- 
ing, and  taking  from  his  company's  claim  the  gold 
left  in  the  quicksilver  over  night,  went  and  hid  it. 
Suspected,  searched,  Mike  gave  the  secreted  amalgam 
a  fling  which  scattered  it  in  the  chaparral  behind  his 
tent.  But  the  glittering  mercury  betrayed  him.  He 
was  lightly  punished  with  twenty -five  lashes,  twenty 
minutes  being  given  him  afterward  in  which  to  walk 
away. 

And  now  from  the  close  of  this  year  of  1849,  be- 
hold the  august  mobs  improvised  as  occasion  required 
in  every  camp  and  canon  of  the  Sierra  Drainage,  the 
quiet  oaks  meanwhile  tasselled  with  the  carcasses  of 
the  wicked  1  There  were  mobs  of  every  quality,  and 
for  every  emergency;  tumultuous  routs  for  the  regu- 
lation of  a  carouse;  displays  of  brute  force  for  the 
promulgation  of  vulgar  sentiment;  violent  tyrannies 
for  the  attacking  of  homely  prejudice  and  the  harass- 
ing of  sanctimonious  piety — mobile  masses  moulded 
by  wild  environment  to  extravagant  opinion.  There 
were  mobs  to  establish  a  fight,  and  to  settle  every 
species  of  dispute ;  mobs  to  hang,  to  whip,  to  tar  and 
feather,  to  duck,  to  drive  from  town;  mobs  to  guide 
itinerant  gamblers  on  their  way,  gently  to  set  re- 
volving run-down,  erring  woman,  to  direct  the  brawl- 
ings  of  belligerent  drinkers,  to  christianize  with  clul).s 
celestial  heathen,  to  assist  at  the  shrinkings  and  ex- 
pansions of  valuable  mining-claims,  to  dampen  the 


i  ! 


VARIETIES  OF  MOBS. 


147 


enthusiasm  of  Mexican  miners,  to  light  free  negroes 
from  the  sacred  precincts  of  the  immaculate  color. 

Clothed  with  God-given  intelligence  and  power, 
and  filled  with  devil-distilled  whiskey,  they  were  ripe 
alike  for  gentle  ministrations  or  mad  extravaganzas, 
for  sharing  their  last  bread  and  bacon  with  the  needy, 
or  for  administering  the  hempen  fate  to  those  whose 
characters  chance  had  colored.  Cases  there  were  v^^hen 
a  victim  was  required  to  appease  the  wrath  of  an  un- 
fortunate miner  who  had  lost  his  gold  dust,  or  of  a 
teamster  whose  cattle  had  strayed,  one  would  answer 
as  well  as  another,  and  woe  betide  the  suspicious- 
looking  stranger  who  falls  into  their  hands  while  in 
such  a  humor.  Unless  he  can  give  a  satisfying 
account  of  himself,  better  had  he  never  been  born. 
It  must  be  admitted  that  somotimes  the  matter  wus 
determined  before  the  trial,  that  sometimes  the  ac- 
cused was  hanged  first  and  tried  afterward,  if  indeed 
he  was  tried  at  all.  Neither  did  he  who  played  the 
part  of  hangman  stop  to  consider  his  fee,  nor  did  lie 
expect  anj^thing  from  the  person  executed,  as  once 
would  have  been  the  ease  in  England. 

"On  my  way  to  Marysville,"  writes  Mr  Coke,  in 
1850,  "I  stopped  a  couple  of  days  at  Sacramento. 
The  weather  was  beginning  to  be  cold.  I  had  been 
ramblinoj  all  the  morninof  throu^^h  the  town,  and  was 
just  returned  to  my  hotel,  and  sat  ruminating  over  a 
large  stove  in  the  bar-room,  thinking  Sa(Tameuto 
about  the  most  comfortless  place  in  the  world.  In 
the  course  of  my  walk  I  had  observed  a  crowd  col- 
lected round  a  large  elm-tree  in  the  horse- market;  oii 
inquiring  the  cause  of  this  assembly,  I  was  told  that 
a  man  had  been  lynched  on  one  of  the  lower  bouglis 
of  the  elm  at  four  o'clock  this  morning.  A  newspapci- 
containing  an  account  of  the  affair  lay  on  a  chaii- 
beside  me,  and  having  taken  it  up,  I  was  perusing  the 
trial,  when  a  ruffianly-looking  individual  interrupted 
me  with,  'Say, stranger,  let's  have  a  look  at  that  paper, 
will  you?'    'When  I  have  done  with  it,'  said  I,  and 


I4S 


MONOCRACY  IX  THE  MINES. 


continued  readinu.     This  answer  would  liavu  satisfied 


•» 


most  C'hristians  endowed  with  any  moderate  degree 


of  patience ;  but  not  so  the  ruftian. 
over  the  back  of  my  chair,  j)ut 


He  leaned  himself 
one  hand  on  my 
shoulder,  and  with  the  other  held  the  paper  so  that  lie 
could  read  as  well  as  I.  'Well,  I  guess  you're  readin' 
about  Jim,  ain't  you?'  'Who's  Jim?'  said  I.  'Him 
as  they  hung  this  morning,'  he  answered,  at  the  same 
time  resuming  his  seat.  'Jim  was  a  particular  frieml 
of  mine,  and  I  helped  to  hang  him.'  'Did  you?'  said 
I;  'a  friendly  act;  what  was  he  hanged  for?'  'When 
did  you  come  to  Sacramento  City?'  'I  arrived  only 
this  morning,  and  have  not  yet  heard  the  particulars 
of  this  case.'  'Oh  well  I  I  reckon  I'll  tell  you  how  it 
was,  then.  You  see,  Jim  was  a  Britisher;  that  is, 
he  come  from  a  place  they  call  ]^otany  Bay,  which 
belongs  to  Victoria,  but  ain't  exactlv  in  the  old 
country.  I  believe  when  he  first  come  to  Californy, 
about  six  months  back,  he  wasn't  acquainted  none 
with  any  boys  hereaway,  so  he  took  to  digging  all  by 
hisself.  It  was  up  at  Cigar  Bar  whar  he  dug,  and  I 
haj^pened  to  be  a  digging  there  too,  and  so  it  was  we 
got  to  know  one  another.  Jim  hadn't  been  here  a 
fortnight  before  one  o'  the  boys  lost  about  three  hun- 
dred dollars  that  he'd  made  a  cache  of.  Somehow 
suspicions  fell  on  Jim.  More  than  one  of  us  thought 
he  had  been  digging  for  bags  instead  of  dust,  and  the 
man  as  lost  the  money  swore  he  would  have  a  turn 
with  him,  and  so  Jim  took  my  advice  and  sloped.' 
'Well,'  said  I,  'he  wasn't  lynched  for  that,  was  he?' 
'  'Tain't  likely,'  said  the  ruffian;  'for  till  the  last  week 
or  ten  days  nobody  knowed  whar  he'd  gone  to.  Well, 
when  he  come  to  Sacramenty  this  time,  he  come  with 
a  pile,  and  no  mistake,  and  all  day  and  all  night  Jim 
used  to  play  at  faro,  and  roulette,  and  a  heap  of  other 
games.  Nobody  couldn't  tell  how  he  made  his  money 
last  so  long,  nor  whar  he  got  it  from,  but  certain  sure 
everybody  thought  as  how  Jim  was  considerable  of  a 
loafer.     Last  of  all,  a  blacksmith  as  lives  in  Broad 


COKE'S  STORY. 


149 


street  said  he  found  out  the  way  he  done  it,  and  asked 
me  to  come  with  him  to  show  up  Jim  for  cheating. 
Now  whether  it  was  that  Jim  suspected  the  black- 
smith I  can't  say,  but  he  didn't  cheat,  and  lost  his 
money  in  consequence.  This  riled  him  very  bad,  and 
so,  wanting  to  get  quit  of  the  blacksmith,  he  began  to 
quarrel.  The  blacksmith  was  a  quick-tempered  man, 
and  after  a  good  deal  of  abuse  could  not  keep  his 
temper  any  longer,  and  struck  Jim  a  blow  on  the 
mouth.  Jim  jumped  from  his  seat,  pulled  a  revolver 
from  his  pocket,  and  shot  the  blacksmith  dead  on 
the  spot.  I  was  the  first  man  that  laid  hold  of  the 
murderer,  and  if  it  had  not  been  for  me,  I  believe  the 
people  in  the  room  would  have  torn  him  to  pieces. 
"Send  forjudge  Parker!"  shouted  some.  ''Let's  try 
him  here,"  said  others.  "  I  don't  want  to  be  tried  at 
all,"  said  Jim;  "you  all  know  damned  well  that  I  shot 
the  man:  and  I  know  bloody  well  that  you'll  hang 
nio.  Give  me  till  daylight,  and  then  I'll  die  like  a 
man."  But  we  all  agreed  that  he  ought  not  to  be 
condemned  without  a  proper  trial,  and  as  the  re])ort 
of  the  pistol  had  brought  a  crowd  to  the  place,  a  jury 
was  formed  out  of  them  that  were  present,  and  three 
judges  were  elected  from  the  most  respectable  gentle- 
men in  the  town.  The  trial  lasted  nearly  a  couple  of 
hours.  Nobodv  doubted  that  lie  was  Quilty,  or  that 
he  ought  to  be  liangcd  for  murder;  l)ut  the  question 
was  whether  he  should  die  by  lynch-law  or  be  kept 
for  a  rc<xnlar  trial  before  the  judges  of  the  criminal 
court.  The  best  speakers  said  that  lynch-law  was  no 
law,  and  endangered  tlie  life  of  every  innocent  man; 
but  tlie  mob  would  liave  it  that  he  was  to  die  at  once; 
so  as  it  was  just  then  about  daylight  they  carried  liini 
to  the  horse-market,  set  him  on  a  table,  and  tied  tlie 
rope  round  one  of  the  lower  branches  of  a  big  elm- 
troe.  All  the  time  I  kept  by  his  side,  and  when  he 
was  getting  on  the  table  he  asked  me  to  lend  him 
my  revolver  to  shoot  one  of  the  jurymen,  who  had 
spoken  violently  against  him.     When  I  refused,  he 


ISO 


MOBOCRACY  IN  THE  MINES. 


1  s 


asked  me  to  tie  the  knot  so  as  it  wouldn't  slip.  "It 
uin't  no  account,"  said  I,  "to  talk  in  that  way,  Jim, 
old  fellow;  you're  bound  to  die,  and  if  they  didn't 
hang  you,  I'd  shoot  you  myself."  "Well,  then,"  said 
he,  "give  me  hold  of  the  rope,  and  I'll  show  you  how 
little  I  care  for  death."  He  seized  the  cord,  pulled 
himself  in  an  instant  out  of  the  reach  of  the  crowd, 
and  sat  cross-legged  on  the  bough.  Half  a  dozen  rifles 
were  raised  to  bring  him  down,  but  refle  ing  that  ho 
could  not  escape,  they  forbore  to  fire.  He  tied  a 
noose  in  the  rope,  put  it  round  his  neck,  slipped  it  up 
till  it  was  pretty  tight,  and  then  stood  up  and  ad- 
dressed the  mob.  He  didn't  say  much,  except  that 
he  hated  them  all.  He  cursed  the  man  he  shot;  he 
then  cursed  the  world ;  and  last  of  all,  he  cursed  him- 
self; and  with  a  terrible  oath,  he  jumped  into  the  air, 
and  with  a  jerk  that  shook  the  tree,  swung  backwards 
and  forwards  over  the  heads  of  the  crowd.'" 

Clarence  King  elaborates  in  the  following  language 
a  burlesque  of  the  popular  tribunal  before  the  inception 
of  the  vigilance  organization:  "Early  in  the  fifties," 
he  says,  "on  a  still,  hot  summer's  afternoon,  a  certain 
man,  in  a  camp  which  shall  be  nameless,  having 
tracked  his  tw^o  donkeys  and  one  horse  a  half  mile,  and 
discovering  that  a  man's  track  with  spur-marks  fol- 
lowed them,  came  back  to  town  and  told  the  boys  who 
loitered  about  a  popular  saloon  that  in  his  opinion 
some  IMexican  had  stolen  the  animals.  Such  news 
as  this  naturally  demanded  drinks  all  round.  'Do 
you  kno\v,  gentlemen,'  said  one  who  assumed  leader- 
ship, 'that  just  naturally  to  shoot  these  greasers  ain't 
the  best  way?  Give  'em  a  fair  jury  trial,  and  rope 
'oil)  np  with  all  the  majesty  of  law.  That's  the  cure.' 
SucJi  words  of  moderation  were  well  received,  and 
they  drank  again  to  'Here's  hoping  we  ketch  that 
greaser.'  As  they  loafed  back  to  the  veranda,  a 
Mexican  walked  over  the  hill-brow,  jingling  his  spurs 
l)lcasantlv  in  accord  with  a  whistled  waltz.  The  ad- 
v«)cate  for  law  said  in  undertone,  'That's  the  cuss.' 


BURLESQUES. 


ISl 


A  rush,  Ji  struggle,  and  the  Mexican,  bound  hand 
and  foot,  lay  on  his  back  in  the  bar-room.  The  camp 
turned  out  to  a  man.  Happily  such  cries  as  'String 
him  up  I'  'Burn  the  doggoncd  lubricator!'  and  other 
equally  pleasant  phrases,  fell  unheeded  upon  his 
Spanish  ear.  A  jury,  upon  which  they  forced  my 
friend,  was  quickly  gathered  in  the  street,  and  despite 
refusals  to  serve,  the  crowd  hurried  them  in  behind 
the  bar.  A  brief  statement  of  the  case  was  made  by 
the  ci-devant  advocate,  and  they  shoved  the  jury  into 
a  commodious  poker-room,  where  were  seats  grouped 
about  neat  green  tables.  The  noise  outside  in  the 
bar-room  by  and  by  died  away  into  complete  silence, 
but  from  afar  down  the  canon  came  confused  sounds 
as  of  disorderly  cheering.  They  came  nearer,  an<l 
again  the  light-hearted  noise  of  human  laujjhter 
mingled  with  the  clinking  glasses  around  the  bar. 
A  low  knock  at  the  jury  door;  the  lock  burst  in, 
and  a  dozen  smiling  fellows  asked  the  verdict.  A 
foreman  promptly  answered,  '  Not  guilty.'  With  a 
volley  of  oaths,  and  ominous  laying  of  hands  on  pistol- 
hilts,  the  boys  slammed  the  door,  with:  'You'll  have 
to  do  better  than  that  I'  In  half  an  hour  the  advocate 
gently  opened  the  door  again.  'Your  opinion,  gentle- 
men?' 'Guilty!'  'Correct!  You  can  come  out.  We 
hung  him  an  hour  ago.'  The  jury  took  their  seats ; 
and  when,  after  a  few  minutes,  the  pleasant  village 
returned  to  its  former  tranquillity,  it  was  allowed  at 
more  than  one  saloon  that  'Mexicans'll  know  enough 
to  let  white  men's  stock  alone  after  this.'  One  and 
another  exchanged  the  belief  that  this  sort  of  thinuf 
was  better  than  nipi»ing  them  on  siglit.  When,  be- 
fore sunset,  the  bar-keeper  concluded  to  sweep  some 
dust  out  of  his  poker-room  back  door,  he  felt  a  nio- 
nientary  surprise  at  finding  the  missing  horse  dozing 
under  the  shadow  of  an  oak,  and  the  two  lost  donkeys 
serenely  masticating  playing-cards,  of  which  many 
Itushels  lay  in  a  dusty  pile.  He  was  reminded  then 
that  the  animals  had  been  there  all  day." 


108 


MOBOCRACY  IN  THE  MINES. 


Bret  Harte  gives  a  similar  travesty,  concluding  it 
in  words  to  the  effect  that  the  crowd  becoming  im- 
patient at  the  lengthy  deliberation  of  the  jury,  the 
ring-leader  put  his  head  in  at  the  door  and  asked  them 
if  they  had  agreed  upon  their  verdict.  'No,'  replied 
the  foreman,  sharply.  'Well,  gentlemen,'  said  the 
mob  man,  'take  your  time;  but  remember,  we  want 
this  room  to  lay  out  the  corpse  in.' 

Punishment  was  inflicted  in  the  same  liberal  off- 
hand manner  that  characterized  everything  Californian 
in  those  days.  There  was  less  splitting  of  hairs  than 
of  heads.  Sometimes  the  most  trivial  incident  would 
determine  whether  a  culprit  should  be  whipped  or 
hanged.  While  multitudes  of  minor  offenders  suffered 
capital  punishment,  no  more  could  be  inflicted  upon 
the  worst  criminals.  Lynching  for  cattle-stealing  ob- 
tained throughout  the  whole  country,  and  even  round 
San  Francisco  Bay,  as  late  as  1855.  A  criminal  affair 
was  often  made  a  sort  cf  pastime,  which  might  be 
prolonged  or  shortened  according  to  the  appetite  of 
the  crowd,  or  the  time  at  their  disposal. 

It  was  the  Hispano-Californians,  they  said,  wlio 
stole  the  cattle  about  the  Bay;  but  these  being  the 
possessors  of  the  cattle,  and  the  lately  arrived  Yan- 
kees needing  beef,  it  would  seem  to  be  a  question  who 
did  the  stealing.  Old  man  Murray,  as  he  was  called, 
lost  at  one  time  twenty-five  American  cows,  wortli 
four  thousand  dollars,  and  liis  neighbor  Fallon  one 
hundred  animals,  worth  six  thousand  dollars.  Two 
Frenchmen  at  San  Antonio,  since  called  Brooklyn, 
and  East  Oakland,  caught  butchering  stolen  cattle, 
were  tried  by  the  people  and  hanged.  Two  other 
men,  Leonard  and  Moran,  slaughtering  back  of  Blaiz' 
restaurant,  near  the  bridge,  narrowly  escaped  with 
their  lives. 


When  in  July  1850  four  Americans  detected  four 
Mexicans  in  the  act  of  burning  a  tent  and  two  dead 
bodies   at   the    Green    Flat   diggings,   not   far   from 


SUSPECTED  BODY-BURNERS. 


l.-)3 


Sonora,  summary  executions  had  not  yet  become 
fashionable  in  those  parts,  though  the  people  were 
strongly  tempted  to  hang  the  body- burners.  The 
Mexicans  affirmed  that  they  did  not  kill  the  men, 
but  found  them  there  in  a  state  of  decay,  and  follow- 
ing the  custom  of  their  country,  they  burned  them 
with  their  effects.  It  was  an  act  of  pious  charity,  not 
an  atrocious  deed.  There  was  no  evidence  against 
them;  nevertheless  the  miners  longed  to  play  judge 
and  hangman,  but  the  time  was  not  yet  ripe  for  it. 

At  Sonora,  incarnadine  was  the  temper  of  the 
time.  On  Sunday  the  diggers  from  every  near  and 
distant  camp  came  flocking  in,  each  bringing  his  share 
of  general  entertainment  in  the  form  of  accounts  of 
robbery  or  murder,  and  the  one  who  told  the  best 
story  was  the  best  man.  Thus  history  is  made;  the 
positive  of  one  becomes  the  comparative  of  another, 
and  the  superlative  of  a  third,  the  latest  historian 
always  striving  to  tell  the  largest  story.  The  Sunday 
following  the  body-burning  at  Green  Flat,  over  three 
thousand  men  gathered  at  Sonora,  and  many  rumors 
of  dark  deeds  were  afloat.  Twenty  nmrders  In 
twenty-five  days,  they  counted  up,  and  robberies  in 
proportion.  Men  were  bad,  and  women  were  bad. 
lender  the  influence  of  rich  deposits  and  the  inspira- 
tion of  rivulets  of  rum,  three  or  four  flabby-faced, 
l>lcared-cycd  females,  of  the  kind  called  virtuous,  had 
l)eou  brought  to  Sonora,  and  made  the  nucleus  of  re- 
Hiiod  society.  They  used  to  marry  quite  often.  One 
married  anew  the  day  after  her  husband  left  for  Stock- 
ton; another  married  anew  the  third  da}'  after  her 
husband  was  hanged.  And  now  they  were  present  in 
this  crowd,  speculating  in  their  minds  as  to  their 
next  change,  when  crack!  a  pistol-shot  is  heard,  and  a 
stalwart  miner  bites  the  dust.  So  dry  and  tinder- 
like was  passion  then,  that  men  could  not  even  meet 
to  take  measures  for  the  suppression  of  murder  with- 
out a  little  killing. 

As  the  afternoon  wore  away,  the  air  became  preg- 


IM 


MOBOCRACY  IN  THE  MINES. 


I 'I 


;      ! 


nant  with  suppressed  vengeance.  The  Mexicans  were 
seized  and  handed  over  to  the  judge  of  the  district. 
Xcxt  morning  eighty  riflemen  marched  through  the 
streets,  bearing  before  them  the  American  flag.  These 
Averc  soon  joined  by  three  hundred  miners,  an  embassy 
from  the  scene  of  burning,  with  knives  and  pistols  orna- 
menting their  belts,  determined  to  sec  punishment 
inflicted  on  the  burners.  After  some  little  parade, 
the  captain  of  this  company  waited  on  the  judge,  and 
informed  him  that  his  men  would  brook  no  delay  in 
the  trial  of  the  prisoners;  the  matter  must  come  up 
before  nightfall.  The  judge  replied  that  that  could 
not  be,  as  there  was  no  grand  jury  impanelled,  mean- 
while warning  them  not  to  do  violence. 

Tuesday  there  were  not  less  than  two  thousand  men, 
with  muskets  and  rifles,  marching  the  streets.  One 
would  think  that  every  gun  in  Tuolumne  had  been 
brought  into  requisition.  Men  who  left  their  digging 
to  shoulder  a  gun  showed  their  earnestness.  At  three 
o'clock  on  that  day  the  trial  of  the  four  body-burners 
for  murder  began  in  the  district  court.  The  place 
was  thronged  within  and  without  the  court-room. 
The  [)risoners  were  arraigned,  and  pleaded  not  guilty. 
At  this  juncture  one  of  the  guard  standing  on  a 
bench  dropped  his  gun,  the  hammer  of  which,  striking 
on  a  box,  sent  off  the  charge  with  a  loud  explosion. 
This  was  enough.  Hundreds  of  weapons  instantly 
sprang  from  their  sheaths,  and  a  rush  was  made  by 
the  inmates  of  the  court-room  for  the  door.  The 
scene  that  followed  was  terrible.  Confinement  and 
the  uncertainty  as  to  what  was  coming  seemed  to 
madden  them.  Another  accidental  shot  brought 
forth  a  cry  of  alarm,  and  renewed  the  struggles  of  the 
inmates  to  reach  the  open  air  by  way  of  door  and 
windows.  Outside  the  court-room  walls  there  was  a 
little  shooting  in  earnest,  but  no  one  was  killed  on 
that  occasion.  Quiet  was  finally  restored,  and  after 
watching  the  proceedings  in  court  for  a  time,  the 
miners  finally  retired,  and  let  justice  take  its  course. 


WHIPPING  AND  HANGING. 


155 


The  demonstration  had  been  made  in  a  spirit  of 
mobocracy;  and  yet  I  have  never  known  another  so 
largo  and  so  .'otermined  a  mob  lay  down  their  power 
so  gracefully  when  assured  by  the  judge  that  justice 
would  be  done.    The  four  Mexicans  were  not  criminal. 


Two  boys,  Hendricks,  kept  the  Colusa  Hotel  in 
1850.  About  the  premises  were  some  twenty  wood- 
choppers  and  regular  hangers-on,  among  whom  was  a 
boy  named  Johnson.  The  hotel  cash  was  kept  on  a 
shelf  in  a  sardine-box;  that  is,  such  of  it  as  was  not 
stolen  by  some  unknown  hand.  Johnson  was  sus- 
pected, and  whipped  into  a  confession  of  guilt.  Mean- 
while a  mob  gathered  which  did  more  whipping,  and 
talked  of  branding;  but  certain  humane  boatmen 
interfered,  and  saved  the  lad  from  further  brutality. 
The  sequel  pointed  to  the  innocence  of  the  boy;  and 
it  was  thought  he  confessed  to  a  crime  nf  which  he 
was  not  guilty  in  order  to  escape  punishment ;  for  his 
tormentors  had  assured  him  if  he  would  confess  he 
should  not  be  whipped  further.  But  though  pcrha])s 
innocent  of  pilfering  the  Hendricks'  sardine-box,  it  is 
very  certain  if  the  boy  had  not  been  known  as  bad 
he  never  would  have  been  suspected  or  whipped. 

An  Englishman,  named  Sharp,  formerly  a  sea- 
captain,  on  Christmas  day,  1850,  shot  to  death  a  man 
near  Auburn.  Sharp  surrendered  to  the  sheriff,  but 
was  taken  by  the  people,  tiied,  and  executed. 

Irish  Dick,  as  the  gambler  Richard  Cronin  was 
called,  although  but  twenty-one  years  of  age,  was 
known  to  have  killed  a  man  in  a  street  fight,  a  friend, 
whom  he  had  mistaken  for  an  assailant.  When  a 
short  time  afterward  he  shot  a  newly  arrived  emi- 
grant in  a  saloon,  he  was  instantly  seized  and  tried 
by  those  present.  Guilt  was  easily  proved,  and  im- 
mediate execution  determined  upon.  Placed  beneath 
a  tall  tree,  a  rope  was  put  round  his  neck,  the  other 


lo6 


MOBOCRACY  IN  THE  MINES. 


;  '■ 


end  of  which  \villiu<^  hands  seized.  Dick  begged 
to  be  allowed  to  climb  the  tree  and  jump  from  the 
limb  above,  but  this  request  was  denied  him.  His 
bravado  lasted  throughout  the  trying  scene,  which 
was  witnessed  by  ten  or  fifteen  hundred  people. 
Dick  assured  them  if  he  onl}^  had  his  knife,  with 
freedom  to  use  it,  he  would  like  nothing  better  than 
to  fight  the  crowd. 

Another  account  of  this  execution  is  given  by 
Saint  Amant,  French  consul  at  Sacramento  in  1851. 
Allowance  must  be  made  for  discrepancies  in  these 
statements,  as,  writing  the  incidents  of  the  time  for 
publication  in  France,  historical  accuracy  would  be 
liable  to  be  sacrificed  to  the  making  of  a  good  story. 
According  to  Amant's  account,  when  the  mob  had 
brought  Cronin  to  a  tall  tree  which  had  been  chosen 
for  his  execution,  it  was  found  that  there  was  no 
ladder  for  the  hangman  to  climb  up  by.  This  diffi- 
culty, however,  was  soon  overcome.  One  end  of  the 
rope  was  placed  in  a  noose  round  Cronin's  neck;  the 
(jtlier  was  placed  in  his  hand,  and  he  was  told  to  climb 
the  tree,  monkey-fashion,  while  those  below  would 
direct  him,  pointing  out  the  particular  limb  to  which 
the  cord  should  be  attached. 

The  condemned  was  allowed  time  to  smoke  a  cigar, 
which  lie  asked  as  a  particular  favor  might  be  a  real 
Habana.  Having  knotted  the  rope  to  the  branch 
designated,  he  was  then  permitted  to  make  his  fare- 
well address,  whicli  proved  to  be  the  story  of  his  life. 
He  told  of  much  wickedness,  and  seemed  comforted 
thereby.  He  would  have  continued  talking  for  an 
indeiiuite  time,  and  so  have  postponed  the  end  of 
tliat  recital  which  was  to  begin  his  eternity;  but  the 
jiatience  of  his  hearers  being  exhausted,  the  foreman 
»jf  the  jury  that  had  tried  him  gave  the  signal  agreed, 
and  without  a  word  further,  the  gambler  threw  him- 
self from  the  limb  on  which  he  stood.  The  fall  was 
arrested  by  the  avenging  hemp,  and  the  soul  sped 
(juickly  hence. 


TRIAL  BY  WHIPPING. 


1.-.7 


A  trunk  was  broken  open  in  a  room  of  a  public 
house  at  Johnson's  Ranch  in  Octol)cr,  1850,  and  four 
thousand  dollars  were  stolen  from  it.  A  man  and  his 
wife,  named  Ilewsters,  cooks  employed  in  the  house, 
had  occupied  the  room,  and  on  them  sus})icion  was 
fastened.  They  protested  their  innocence.  With  the 
woman  they  did  nothing;  but  as  the  increasing  crowd 
increased  its  potations,  its  members  saw  through  the 
case  more  and  more  clearly,  until  they  concluded  to 
whip  the  facts  out  of  the  man.  Tying  him  to  a  tree, 
they  laid  bare  his  back,  and  cut  it  raw  with  a  bundled 
lashes.  Still  the  man  protested  his  innocence,  and 
the  brutal  crowd  soon  arrived  at  the  same  conclusion. 
Commenting  on  the  outrage,  the  Placer  Times  remarks : 
"If  the  man  is  really  innocent,  the  violators  of  his 
person  should  be  severely  dealt  with."  It  is  by  such 
shallow  logic  we  are  taught  politics  and  morals.  Any 
school-boy  might  know,  did  he  take  the  trouble  to 
think,  that  the  perpetrators  of  this  deed  were  equally 
in  error,  whether  the  man  was  innocent  or  guilty. 

New  York  of  the  Pacific  was  the  name  of  an  em- 
bryo metropolis  of  magnificent  expectations  in  1850 
and  1851.  It  boasted  a  hotel  called  the  Kennebec 
House,  into  which  three  men  forced  their  way  one 
night,  and  amused  themselves  by  opening  trunks  and 
carrying  off  the  contents.  Arrested  by  citizens,  they 
were  tried,  whipped,  and  branded  on  the  hip.  To 
escape  hanging,  which  one  of  them  greatly  feared, 
he  endeavored  to  kill  himself  by  severing  an  artery. 
That  comfort,  however,  was  denied  him;  for  though 
he  cut  his  arm  nearly  oft",  he  was  saved  for  milder 
punishment  by  his  whippers. 


f: 


CHAPTER  XI. 


FURTHER  ANTICS  OF  JUSTICE  IN  THE  COUNTRY. 


f 


Now  by  Saint  Paul  the  work  goes  bravely  on. 

Colly  Gibber. 

Long  before  high  carnival  was  held  in  the  canons  of 
the  Sierra  Drainage,  the  petty  sovereignty  of  Sutter 
liad  inaugurated  a  system  of  jurisprudence,  of  the 
Swiss  captain's  own  invention.  When  an  Indian  com- 
mitted an  oft'ence  against  any  of  the  white  inhabitants 
of  Sutter's  Fort,  the  commander  of  the  fortress  iuin- 
sclf  judged  and  executed  judgment.  Cahnly  and  iairly 
as  one  who  would  secure  the  confidence  and  maintain 
the  respect  of  the  natives,  Captain  Sutter  examined 
tht'  cases  which  came  before  him,  pronounced  judg- 
ment in  accordance  with  the  evidence  and  with  the 
dictates  of  his  own  conscience,  and  then  ordered  tlu- 
culprit  whipped  or  shot,  accorriing  as  lie  deserved. 
This  was  the  course  of  procedure  where  the  accused 
was  one  of  his  own  Indians  and  the  injured  one  of 
his  white  retainers. 

When  a  white  man  otleniled  a  white  man  in  his  em- 
ploy, all  the  white  men  of  the  Fort,  were  summoned 
to  sit  in  judgment  on  the  case.  In  such  trials  Captain 
Sutter  presided  as  cliief,  and  the  others  as  associates, 
or  jurors,  and  by  the  tribunal  so  organized,  the  penalty, 
if  guilt  was  found,  was  lixed  and  exacted. 

For  criminal  cases  arising  among  the  natives  them- 
selves, Captain  Sutter  arranged  for  them  a  court  of 
their  own.  He  as  monarch  nominated  the  judge  and 
appointed  the  officers.    Having  a  military  organization 

(168) 


JURISPRUDENCE  AT  SUTTER'S  FORT. 


169 


composed  entirely  of  his  own  native  adherents,  it  was 
not  unnatural  or  difficult  for  him  to  ori^anize  a  tribunal 
in  which  they  might  try  their  own  causes,  and  by  their 
own  officers  execute  judgments. 

No  sooner  was  gold  discovered,  however,  than  this 
ingenious  method  of  .administering  justice  to  the 
satisfaction  of  all  concerned,  in  common  with  every 
other  means  for  the  benefaction  of  the  natives  in  those 
parts,  was  crushed  under  the  heavy  heel  of  gold-thirsty 
adventurers. 

Then  l)egan  in  and  round  the  Fort,  buneatii  the 
very  eyes  of  the  occu|)ants,  and  indeed,  in  many  cases, 
by  the  occupants  themselves,  every  species  of  depre- 
dation, until  the  poor  Swiss,  his  mills  unbuilt,  his 
manufactories  abandoned,  his  cattle  stolen,  and  his 
grand  enterprise  for  the  settlement  and  ])aciiication  of 
that  valley  forever  blighted,  sought  refuge  at  liock 
Farm,  where  he  thought  to  die  in  peace,  though  oven 
that  blessing  was  denied  him. 

Samuel  Brannan,  at  an  early  day,  kept  a  store  with- 
in the  walls  of  Sutter's  Fort,  and  there  learned  his 
first  lessons  in  popular  jurisprudence.  To  hini  resorted 
new-comers  lro)ii  the  Bay,  and  miners  from  the 
mountains,  so  that  he  possessed  an  excellent  ojipor- 
tunity  for  seeing  and  judging  all.  Ilis  ^[oi'nu>n  llock, 
on  whom  he  kept  a  fn.ihcrly  eye,  particularly  on  their 
gold-gat  her  in 'j:s  of  which  he  did  not  decline  to  re- 
ceive  a  [Portion  worked  on  an  island  of  the  river  near 
by;  but  these  gave  little  trouble.  Indeed,  as  wo 
havi!  seen,  there  was  a  [)ei'iod  of  reniurkaljle  quiet 
about  that  time;  but  both  before  and  after  the  reign 
of  righteousness  in  the  mining  districts,  Brannan  saw 
and  learned  enough  to  be  of  value  to  him  for  tlu) 
three  decades  which  followed. 

As  at  San  Francisco,  before  a  jail  was  built  at  Sac- 
ramento, a  dismantled  brig  lying  in  the  river  was  em- 
ployed for  prison  purposes.  Many  strange  tales  that 
old  craft  could  tell.    It  answered  the  purpose  fairly  — 


' 


160 


ANTICS  OF  JUSTICK  IN  THE  COUNTRY. 


that  is  to  sa}'  for  the  rogues.  Escape  from  it  was 
easy,  so  it  was  said,  especially  after  the  fetters  were 
unlocked  witli  money. 

One  issue  of  the  Sacramento  Placer  Times  and 
Transcript,  in  July,  1850,  contains  accounts  of  crimes 
conuuitted  as  follows:  Twcnty-fiNO  miles  below  the 
city  the  body  of  a  nmn  was  found  with  a  lariat  twisted 
round  the  left  wrist,  neck,  and  shoulders,  ji  de(;p  i;ash 
over  the  left  eve,  and  another  under  tlie  left  ear,  the 
feet  tied  with  a  black  silk  handkerchief,  and  all  the 
pockets  turned  inside  out.  Another  body  was  dis- 
covered tied  to  the  limb  of  a  tree.  Xot  far  from  Yuba 
River  the  body  of  a  murdered  man  was  found.  At 
Nevada  a  lioi'se-thief  had  been  whipped  by  the 
people  and  put  to  work  at  five  dollars  a  day  until 
eleven  ounces  of  stolen  »j:old-tlust  should  be  returned. 
Lastly,  a  dispute  arising  between  a  Xevada  monte 
dealer  and  a  })erson  betting,  the  latter  drew  a  ])istol, 
and  firing  missed  his  mark,  but  wounded  three  others. 
Xo  notice  was  taken  of  this  affair  by  the  horse- 
thief  whippers.  The  San  Francisco  l^acijic  Xeics  of 
August  1,  1850,  contains  accounts  of  several  guerilla 
bands  in  southern  California,  di!mi-savago  outlaws 
drifted  in  on  the  tide  of  emiuration  from  the  south: 
also  the  news  of  a  nunxler  near  Grayson;  notice  that 
the  citizens  of  Jamestown  and  Sonora  had  organized 
a  night  ])atrol  round  their  j'cspective  towns ;  an  account 
of  the  robbeiy  of  a  monte  bank  at  Sonora  wliile  the 
dealer's  back  was  turned;  of  another  at  Jamestown, 
theiMii^f  seizing  a  ba'j;  containinsx  oioht  hundred 
dollars  before  the  eyes  of  all  congregated  about  the 
talde  and  making  his  escape  with  it;  and  so  on.  In 
the  last  mentioned  instance  a  comrade  of  tin;  thief 
was  hanged  to  a  rafter  of  the  saloon,  as  an  accomjdice, 
but  his  I'riends  paying  tlie  amount  stolen  he  was  let 
down.  The  gambler  put  the  money  thus  returned  to 
him  in  his  box,  and  in  less  than  an  ]i(^ur  it  was  again 
emptied.  This  time  the  thief  was  instantly  detected, 
the  rope  fastened  to  his  neck  and  again  thrown  over 


CURTIS  CREEK  AND  FOSTER  BAR. 


IGl 


the  rafter.  After  bolnj^  half  liangcd  and  wliippcd  ]\v. 
was  turned  loose.  Tlius  it  was  that  from  small 
l)L'gInnings,  petty  thefts,  and  fatal  fights  in  which  it 
was  impossible  to  determine  who  was  most  ci'imijiai, 
the  slayer  or  the  slain,  wickedness  went  on  assuming 
a  yet  more  belligerent  attitude,  and  })unislimcnt  was 
t'(|ually  beastly — instance  the  hanging  of  one  Jjowcn 
in  a  slaughter-house  at  (^U'tis  (.'rec.-k,  January  "J*!, 
IS.')!,  for  the  killinjj  of  Alexander  Boss's. 

Vt  a  gaming-tal)le  at  Sacramento  two  men  quai-- 
r.llod  the  2()th  of  February,  18.11,  and  stepped  into 
the  street  to  iinish  their  tight.  A  third  })erson,  flyers, 
passing,  expostulated,  wh(jrou})on  one  of  the  comba- 
tants, Frederick  J.  lioe,  an  Englisliman,  turned  on  him 
and  exclaimed,  "What  the  devil  havi-  vou  to  sav'"' 
at  the  same  time  drawing  a  [»istol  and  shooting  him 
through  the  head,  lioe  was  arrested  and  taken  to 
ilie  calaboose,  round  wliich  a  crowd  oathered.  crvin>'-: 
'Hang  him!"  "Hang  liimi"  The  people  were  at 
length  quieted  by  spi-eches  from  the  better  <ntizens, 
will  formed  themselves  into  a  tribunal,  and  repairing 
lo  the  Orleans  I[ot(-'l  proceeded  to  try  the  prisoner'. 
( J  rowing  more  and  more  excited  as  the  trial  progressed, 
the  people  in  the  street  insisted  that  the  investigation 
rooni  should  be  cleared  of  lawvers,  and  atlirmed 
tliat  it  mattered  little  to  them  what  conclusion  the 
tiihunal  arrived  at,  they  would  hang  the  prisonei- 
ill  any  event.  Nothing  was  done,  however,  till  tlie 
niunk'rer  was  pi'onounced  guilty  by  the  tribunal. 
The  crowd  tluMi  made  an  attaciv  on  the  pi'ison,  but- 
were  kept  at  l>ay  l)v  the  .sherilf  and  his  po.ssi!  for  an 
lioui'.  The  ofiicer  htnng  overcome  at  last,  the  door 
was  broken  in,  and  the  pi'isoiu'r  seized  and  hanged 
IVom  an  oak-tree  then  standing  on  the  corner  of  Sixth 
and  K  streets.  About  the  same  time  tliree  nun, 
surprised  while  stealing  hor.ses  at  Foster  Bar,  were 
ca])tured;  one  was  shot  in  attempting  escape,  and 
tile  other  two  were  innnediately  hanged. 

Top.  TniTi.,  Vul.  I.    11 


I        ! 


(. 


i  n 


1#  ANTICS  OF  .irSTICE  IN  THK  COUNTRY. 

Two  lULii,  Now  Englaiidci's,  caught  with  stolen 
liorscs  in  their  corral  on  the  ( 'osumncs,  were  on  the 
7t]i  of  ^larch,  IRfil,  condcnined  l>y  a{'<-linnation  and 
liani4vd  on  tlu,'  .s])ot,  all  witliin  half  an  liour.  A  jury 
ti'ial  was  d(?nicd  them.  Another  horsc-thicf  was 
hanu'ed  about  tlic  sanio  time  on  the  Yuha.  The  2'M 
of  IMarcli  an  att('ni|tt  was  made  at  San  l-'ranciseo  to 
l)low  Ml) a  new  hnilding  near  liincon  P<jint.  An  eij^ht- 
[)ound  eanistei'  of  powder  placed  in  a  I'ooess  in  th(^ 
wall  was  ignited,  causin;^'  a  report  as  loud  as  tliat  of 
a  cannon.  An  amiaole  and  niuch-])eloved  man,  I''.  M. 
.larvis,  wliile  walkiu''"  with  liis  wife  near  tlie  Mission, 


oi 


I  the   niulit  of  the  2Gth  of  ?ilar<]!,  was  stal)l)ed  i 


o 


death  by  one  Slater.      It  appears  Jarvis  liad  incense<l 


Slat 


er  a  tew  (lavs  previous 


'}■  I 


)!'! 


'VculiriLi"  a  ii'-ht  in 


wliich  the  latti'r  liad  a  hand.  One  day  during'  the 
tlaal,  winle  Slater  was  beinii'  coiKhicfcd  bv  the  otHcers 
to  the  prison,  an  attempt  was  mad<'  l)y  s(Mne  niounted 
iiicii  iVtiUi  tile  Mission  to  seize  and  hang  him.  as  has 
been  more  fully  descrilx'd  in  a  [irevious  cha[)ter,  but 
their  effoi-t  was  frustrated  bv  th.e  (»llic(  I's  and  r.u-t  wiili. 


the  disa])p)-oval  of  tlie  ]»eoph\      IT 
await  his  (j-i.d  in  thf  district  court. 


e  was  coniiju 


tted  t 


o 


T] 


uis  matters  stood  when  the 


••I'eat 


o. 


in 


F 


raneisco 


fire  of  the  ith  (if  May  for  the  fifth  time  laid  \.\io  city 
in  ashes,  annihilated  busin(>ss,  and  liopeles.sly  mined 
thousands  of  hitherto  pros[)erous  m(Mi.  sending  despair 
to  their  hearts  and  misei'V  to  thtir  homes.  This  was 
exactly  what  t1n;  enibohlcued  mi.screants  so  Inng  uii- 
v.hipped  of  justice  liad  sworn  to  do,  that  tliey  would 
be  aveMgcd  on  the  citie-  whos*^  pcoph-  would  n<t 
permit  theia  to  nnnvler  ;;ud  plunder  at  'pleasure. 
Instead  of  i)lan)ing  tlic.se  sutleiNTs  for  hanging,  the? 
wonder  is  how  the}'  could  h;ive  r(;mained  patient  so 
l<»ng.     This  was  the  work  of  incendiaries,  as  several 


)een,  ami  as  was 


the  1 


>urnni>,r 


ei' 


louse  was 


fired 


u 


of  the  previous  fires  had  be 

of   Stockton    two  (lays   lat 

Sa"rameiito  at  the  .same  time,  and  Nevada  was  liurned 

but  a  i'ew  weeks  previous.     All  this  was  but  one  grand 


AXTOXIO  PACTIECO. 


k;:; 


scIkjihc  concocted  by  tlio  rascals  in  convention  as- 
Hcinbled  for  tlio  simultaneous  annihilation  ol'  the  chief 
cities  of  nortliern  California. 


h. 


i 


Tliere  was  a  desperate  hand  of  horsc-thievi's  in  I  lie 
iieighhorhood  oi'  ^NFonte  ]3iahlo  in  1851,  and  a  sou  of 
Antonio  I?aclieco,  twenty  years  of  ai^e,  was  suj>[)o>ed 
to  he  one  of  the  number.  On  the  ITtli  «)f  h\'liruarv 
youn_!^  Pacheeo  ^^'as  detected  \\i  tin,-  art  ol'  stealiii;^'  a 
])air  of  lioots  from  a  store  in  Martiue/.  Tho  citi/LUs 
determined  to  make  an  example  of  him,  and  althou^It 
liis  till  her  ))ei>'cred  liis  liberation,  oddiiiLr  t/arnestness  to 
liis  prayers  by  an  oiTor  of  two  thousand  dollars  foi'  liis 
reli-ase,  lliey  Ixiund  him  t'>  a  tree  and  administered 
oiH,'  Iniudreil  lashes  witli  a  whip  of  six  e(jrd'-.  It  was 
]'eportt'd  that  Paeheeo's  frieiids,  to  tlie  number  <  i" 
eighty,  liad  t]ir<}ateni3d  to  ride  into  INiartiiiez  and  bu.'i 
tlie  place.  The  citi/.tuis,  alarmed  at  the  t lireat,  remo\  ( .  I 
their  papers  aJid  other  valuables  to  Benicia  f  rr  salV 
i^C'cpiug,  but  nothing  further  came  of  the  wrath   of 


r 


aeheeos. 


I) 


Til/.;  ueighl>orh(»od  of  Heading  Springs  an.d  Secret 


had 


iiei 


II  \  isited  b\'  horse-thie\es   iu   t!i 


s[)ring  of  lsr>l,  and  one  man,  Spoiford,  was  known  to 
ha\('.  stolen  a  large  numl)<-r  of  horses.  At  leng'h 
Uradford,  MeKissoek,  and  othei's  went  in  pursuit  -I 
Spoftbrtj.  They  came  upon  him  in  the  woitds  skinning 
a!i  aiiteloj)e;  ]>radibi'd  (ired  a;:!!  killed  him.  Th«  y 
reeoNored  nioi'e  than  Ibrtv  stolen  hor^-es. 


T 


tl 


wo  tnie\'es. 


with  a  band  of  mules  and  hoi'ses  whieli 


thev  had  stolere  most  of  them   from   the  ranch 


O    '  u 


( 


»a<re  an( 


1  Al 


mon( 


I,  wiiile  erossin-''  tin;  (*osunmes  wiih 


their  booty  the  7th  of  ^^a^•(■li,  were  an*ested.  (Utilt, 
was  so  pal]>able  that  proof  seem(.><l  unuer-essary;  iie\  (  i- 
theless  the  two  men  were   arraii'.ned,  and  a   motion 


w 


\ . 


IS  made  to  t)T  them  by  a  |)e(»[ile's  judgv  and  jui 
As  tidings  of  the  atlair  tUnv  fro(n  <  laim  to  claim,  the 
diggers  came  pouring  in.  When  they  heard  the  farts 
and    Hie  [)roposal,  they   laughed  at   the   idea  of  trial 


I 'I' 


I!    I* 


it:  1 


104 


ANTICS  OF  .TUSTICi;  IX  TIIK  COUNTRY. 


uiidfi'  the  circumstances.  What  shcjiild  the}'  trv 
theiii  Ibr^  There  were  \hs  thieves;  there  was  llio 
stolen  property.  Trial?  Bosh!  Well,  then,  han;^ 
Iheni  at  once.  This  sentiment  suited  better  their 
temper.  The  men  were  Yankees,  one  giving  his  name 
as  James  Baxter,  from  Maine,  and  tlio  other  Charli.'s 
Sinnnons,  of  Mas.sa<'husetts.  When  told  that  tliev 
were  to  die  in  half  an  hour  they  heiX'jfed  to  l)e 
iteruiitted  to  live  a  little  lonj^er.  This  he-iutiful  jjfreen 
and  golden  earth,  the  all-glorious  sun  and  sweetly 
distilled  air,  tlu;  mingletl  enj<jymcnt  of  soul  and  sense 
absorhing  jjidpitating  life,  they  seemed  now  just  to 
l)i-gin  to  enjoy,  l^ut  it  was  too  late;  sueh  beauties 
wi.re  not  made  ibr  horse-thieves.  They  .should  die; 
and  they  did  die  with  the  ex})iration  of  the  hali- 
liour.  Duiing  the  season  a  hundi'ed  thousand  dollai's' 
Avorth  of  stock  had  been  stolen  from  that  section,  and 
ihe  peojjle  were  tired  of  it.  Onl}'  the  day  before  one 
Orville  Hamilton,  a  horse-thiel',  made  his  escape  while 
the  jury  wore  deliberating  on  his  case.  Sage,  an 
acccjiuplice  of  Hamilton,  received  thirty  lashes  for 
his  .^hare. 

A  quarrel  took  place  at  Shasta  City  on  the  'JOth 
of  March  between  a  drunken  man  and  his  partner; 
the  latter  was  killed,  and  the  former  attem[)ted 
c.sf'i»|x\  but  was  captured  and  tried  l)y  the  mob. 
The  trial  lasted  but  a  few  minutes  before  doom  was 
l)ronourj'ed;  he  sh<nild  1)e  hanged  at  four  o'clock 
th;it  Sunday  afternoon.  The  man  took  the  matter 
very  coolly.  He  had  entertained  no  ill-will  townrd 
his  partnei-;  they  had  been  always  the  best  of  friend-. 
But  the  deed  was  don<  ho  «ii'eply  regretted  it,  Init  it 
could  not  now  be  helped.  He  dcsf-rved  to  die,  and 
ihere  was  the  end  of  it.  Eating  n  hearty  dinnei',  he 
talked  as  usual  until  the  time  appointed,  when  he 
mounted  the  platl'orm  with  a  firm  step  and  quiet 
demeanor.  The  i'o])e  adjusted,  he  was  given  perniis- 
-ion  to  speak.  He  warned  all  pi-eseut  against  drink; 
lliat  alone  was  now  to  cost  him   his  life.     He  would 


MOKF.LU.MXE  HILL. 


]r,3 


like  to  write  a  letter  to  his  wife,  but  supposed  ho  had 
not  time.  As  the  thinjj  before  him  was  somethinsr 
that  must  be  done,  ho  might  as  well  be  about  it.  So 
saying,  he  leaped  into  the  air  and  came  down  witli  a 
jerk  that  settled  his  earthly  affairs  forever. 

McEvoy  and  Williams  were  two  friends  living  at 
Mokelumnc  Hill  in  the  spring  of  1851.  They  were 
out  of  employment,  and  decided  to  begin  business  by 
conducting  a  montc  table.  Tliey  needed  capital  i'ov 
the  purpose,  which  they  determined  to  obtain  by 
stealing  horses.  Their  plans  were  well  laid,  but  were 
early  frustrated.  A  horse  was  stolen,  and  IMcEvoy 
was  just  in  the  enjoyment  of  the  proceeds  of  tlie  sale, 
>.ixty  dollars,  when  ho  was  arrested,  taken  out  of 
town,  and  given  twcnt^'-five  lashes. 

^Ir  Baker,  of  Brown  Bar,  Weber  Creek,  was  a 
(|uiet,  gentlemanly  person,  and  much  respected.  His 
[)tirtiu'r,  .Vndrew  Scott,  an  unprincipled  villain. liccanif 
incensed  at  some  trivial  ofl'ence,  and  on  the  .')tli  of 
A})]'il  kiiktl  Bakei',  stabbing  him  five  or  six  tinirs. 
Tt  was  generally  known  that  Soott  had  niui"d<  iid 
two  or  three  otlier  men,  among  tlieni  one  ^^(•^^anus, 
<>r  Missouri.  This  killing  of  BakiM"  excited  intense 
fedin''-  amoni^st  the  miners,  1)ut  tlu'V  relVained  tVoin 
violent  measures,  and  gave  Scott  the  benetit  of  a  fair 
trial,  witli  a  jury  of  twelve  men.  who  found  him  guilty. 
Then  he  was  proni].lly  hanged. 

^FcMurtrie  and  .Ih'uthersat  Mokelumne  ITill  missed 
some  gold  dust  iVoni  their  store  in  April,  and,  acting 
on  their  sus])i('i(tiis,  they  <.nticed  a  young  man  into 
a  scchuled  spot  in  tlie  wocnls,  where  they  accused  li:n) 
of  the  theft.  Ills  denial  exasperated  them,  and  tlicy 
lashed  liini  w  ith  a  I'ope  and  switches  two  hunilred  and 
lil'ty  tiin»\s,  determined  to  ext(»rt  a  confession.  This 
t'\|K(lient  proved  unavailing,  and  they  returned  to 
town,  wheri'  a  more  thorouu^h  search  for  the  lost 
treasure  was  made.  It  was  discovered  in  the  >|iot 
where  they  afterward  remendjcred  that  they  had 
secreted   it.     Thei]'  \ictim  was  then  released,  and    for 


i^,:i 


m 


iiiJii 


166 


ANTICS  OF  JUSTICK  IN  THE  COUNTRY. 


11^ 


fear  of  like  punishincnt  being  awarded  them  by  the 
indignant  nuners  the}'  left  the  place  innncdiatcly. 

A  liorsc-thief,  named  Gatson,  captured  in  Nevada 
City  on  tilt!  20th  of  May,  after  a  trial  by  the  people, 
feceivcd  thirty-nine  lashes,  wliicli  M'ere  administered 
by  a  man  whom  he  Mas  permitted  to  select.  On  the 
21)tli,  ( reorge  Baker  was  hanged  by  the  people,  just 
beyond  the  limits  of  the  city  of  Stockton,  for  a 
crime  connnitted  six  months  before.  The  execution 
was  bunglingly  done,  and  the  bystanders  surfeited  of 
horror. 

Sometime  in  May  a  notorious  robber  named  Jen- 
kins was  condemned  to  die  by  the  citizens  o^  El 
Dorado.  He  made  his  escape,  but  was  reca})tured 
near  Sacramento,  where  he  received  one  hundred 
lashes,  was  branded  on  each  cheek  with  an  K,  and 
then  (lelivcn^d  over  to  the  authorities  of  Sacranu^nto. 

Between  the  piiople  (jf  Napa  and  tlie  people  of 
Beniria  in  May,  I8.VI,  there  were  open  and  declared 
hostilities,  and  \\\r  cause  was  not  a  woman.  The  Napa 
[)eo[)ledid  not  like  it  because  a  Benician  named  Cooper 
came  to  their  town  witli  a  jietition  lo  the  governor 
for  the  final  release  of  a  nnu^kivr  vrhicli  lie  pui'[)osed 


to  circulate  for  siu:natui' 


es. 


Tile  man  killed  had  been 


their  most   worshiplul  justice  of  th;   peace,  and  the 
man   who  lulled  him  was  now   their  'meat, 


as  with 


th 


th 


th 


d  it.    ''Petition 


more  lorce  llian  elegance  lliey  e\[)ressec 
us  no  ])t'titions,"  they  said,  "'and  governor  us  no  gov- 
ernors; let  every  town  attend  to  its  own  atVairs." 
Bnt  this  docti'ine  did    not  Just   then   suit  Coo[)er. 

1  UK  I 

_'ir. 


Me("aule\,  foi-  that    was    the    mur<lerer 


iuaii\'  iriends,  anion 


ig  wh 


tl 


lom  Mas  iiK!  irovernor  nnnsc 


s   name, 
h 


'i'lie  go\eriior  was  christened  .lolm  McDougal,  but  i:i 
])()lilical  |)ud(lles  he  was  familiarly  called  'I  d<>hn,'  such 
being  the  words  begliniiug  his  sometimes  ludicrous 
iroclamations.  John  lUiih  r.  anotlier  <i-overnor,  could 
ay  claim  to  the  same  distiiuttioii.  The  governor  and 
th(>  murderer  wei'e  friends,  because  the  murderer  had 


ii  ■  ii 


NAPA  ANT)  BENICIA. 


107 


voted  for  tlu'  i^ovornor,  and  l»ad  induced  others  to 
vote  lor  him.  '1,  Jolm,'  was  a  «^ood  j:><)V('i'nor  to  tliose 
who  murdered,  oi'  who  wished  to  murder,  ]iro\idi(I 
they  voted  for  him  often  eiiou^di;  but  for  thi-  sake  of 
those  weak  in  their  faitli  in  him,  lie  would  ]iave  it 
soihid  as  tlie  voice  of  his  pi;o})le  whicli  sai<l  to  liim, 
'LoosfU  tliis  l)loodh(mnd.'  Hence  it  was  that  ('oo|>i.'i' 
a[)peared  at  Napa,  the  scene  of  the  slau^iiler,  with 
this  [»etition:  not  that  there  was  any  need  of  a 
]>etition  so  far  as  'I,  Jolm'  was  concerned,  but  for 
the  relk'X  infkiencc  of  such  prayer  upon  the  peopK; 
themselves. 

'file  men  of  Xapa,  howe\er,  did  not  want  McCauley 
(hscharjTjed;  he  had  killed  their  justice  ol'  the  i)eace, 
and  tlu'V  WQYv  lunv  L;oinij;  to  kill  him.  Thercfoi-e  they 
would  none  of  McJ)ougal,  noi'  of  Cooper,  noi'  of  the 
petition.  (  allin;^*'  a  meetin«»;  of  citizens,  a  ctjnnnittee 
was  a})pointed  to  wait  on  Mr  Cooper  and  reipiest  him 
to  depart.  ]Mr  Cooper  declined.  They  ordered  him 
to  'j^o.  Mr  Cooper  refusetl.  Tiien  they  took  him  to 
the  W'lry  and  thrust  him  across,  warnint^  him  that 
i'urther  attempts  in  that  direction  would  insure  hiu) 
a  covering'  of  feathered  tar  and  a  free  ride  on  a  i-ail. 
The  i)eople  of  Xajia,  in  connnon  with  those  of  otliei' 
l)arts  of  the  state,  were  becoming  tired  of  pai'dons  ex- 
tended by  the  gcjvernors  to  nnu'derers  who  elected 
them  to  otii(;e.  \t  the  ]\[arch  term  of  the  N;i]>a 
court  of  sessions  this  man.  Hamilton  ^[cCaulev,  had 
liet«i  tried  for  the  murder  of  one  Sellei's,  numici])ai 
judge,  and  condemne<l  to  death,  the  execution  to  take 
l>lace  on  the  l.Mh  of  ^lay,  and  they  determined  thnl, 
repi-ieved  or  not,  the  felon  should  (Wv,  and  on  the  ^\■ay 
iijipointed. 

He  was  a  gentleman -villain,  was  ^IcCauley;  an 
adhei'ent  of  southern  chivalry,  and  a  man  of  friends 
uid  famil}'.  He  Avas  not  the  kind  of  nuu'derer  that 
laws  were  made  tbi'.  Liki'wise  he  was  an  honest 
\illain:  to  him  (opinions  were  principles,  and  his  had 
l»een  handed  down  from  anct;stors  of  revered  uieinory, 


I 


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108 


ANTICS  OF  JUSTICE  IN  THE  COUNTRY. 


juid  inculcated  during  his  youthful  days.  But  ho  was 
wrong;  liis  principles  wore  erroneous,  thougii  honestly 
entertained;  moreover,  he  was  passionate;  and  for  his 
princij)les  lie  must  die,  not  the  death  of  a  martyr, 
liowever,  hut  that  of  a  murderer.  And  for  such  law- 
Itroakers  laws  were  not  made. 

It  was  all  done  in  a  moment;  hut  though  not  pre- 
meditated, tlie  killing  was  unjustifiable;  it  was  the 
•  'tlect  of  an  outbuist  of  passion,  or  a  fit  of  tem)»oraiv 
insanity,  as  gentle  Mrs  Fair's  counsel  would  call  it. 

The  way  it  ha])i)ened  was  thus:  One  day  at  Xapa, 
for  womo  real  or  fancied  offence,  McCauley  attempted 
to  chastise  a  black  man.  In  days  gone  by  he  and  his 
sympathizers  had  often  whipped  *  niggers,'  but  that  was 
where  the  colored  man  was  chattel,  and  dare  not  strike 
back.  It  was  consistent  in  those  days  with  chivalrous 
courage  to  strike  a  man  who  c(jukl  not  strike  back. 
The  sentiment  was  similar  in  this  instance,  but  tlio 
action  and  result  were  ditferent,  from  the  fact  that 
the  assailed  might  retaliate,  and  the  black  man  Ixing 
the  better  of  the  two,  the  white  one  was  badly 
beaten. 

Xot  long  after  a  [)arty  of  village  politicians,  amongst 
wliom  were  McCauley  and  Sellers,  assembled  in  a 
store, liajipeiied  to  be  discussing  the  question  of  slavery, 
wlu.'H  Sellers,  who  was  opposed  to  ^TcCauley  in  o})in- 
ioii,  ini[)nidently  alluded  to  McCauley 's  defeat  in  his 
recent  encounter  with  the  black  man.  Scarcely  were 
tilt'  words  out  of  his  mouth  when  the  bowie-knife  of 
M(  Caulcy  was  !)urietl  in  the  breast  of  Sellers. 

Thei-c  was  talk  of  instant  hanging;  but  aside  from 
the  objections  of  the  law,  McCauley  had  many  friends, 
and  the}'  succeeded  in  })rotectiiig  him.  Symj)atliy  in 
a  great  measuie  turned  on  the  slavery  agitation, 
which  van  high  here  as  elsewhere  in  those  days.  It 
so  lia[)pened  that  in  sentiment  Benicia  was  mostly 
sontliern,  and  Xapa  northern;  so  that  the  former  was 
for  ^Ii;Cauley  and  the  latter  against  him.  The  tw(» 
towns  confronted  each  other,  angry  and  belligerent. 


CAPT:UN  lUXTKU'.S  ACTIVITY 


It;!) 


At  this  time  it  wa.s  (IceiiK'd  dangiirous  for  a  citizen 
of  either  place  to  be  found  in  the  otlier.  We  have 
seen  liow  Cooper  wa.s  treated,  but  then  his  mission 
was  not  one  pleasing  to  them.  On  the  other  hand, 
il.  L.  Kilburn,  of  Xapa,  visited  Benicia,  when  he  was 
assaulted  and  would  iiave  been  badly  injured  but  for 
the  interference  of  his  friends.  A  party  from  Napa 
were  awakened  from  sleep  one  night  by  a  shower  of 
stones  which  poured  through  the  window  of  their 
room  at  the  Benicia  Hotel.  One  was  severely  injured, 
and  all  were  glad  to  escape  under  cover  of  the  night. 

Before  daylight  in  the  morning  of  the  day  named 
for  the  execution,  the  sheriff  of  Solano  county,  with 
a  posse  of  ten  armed  and  mounted  men,  was  on  iiis 
way  from  Benicia  to  Xapa  with  tlic  reprieve  in  his 
pocket.  He  would  have  gone  the  night  before  by  a 
little  steamboat,  of  which  Baxter  was  captain,  wlilch 
tlien  plied  between  the  two  places.  But  Baxtri-  was 
not  in  sympathy  with  the  men  of  Benicia;  so  when  \\v 
learned  that  the  governor  had  signed  the  reprieve  lu; 
sli|)ped  away  before  the  usual  hour  and  conveyed  the 
tidings  to  Napa.  There  was  no  hesitation  l)y  the  men 
ul"  Napa  as  to  wliat  they  \vould  do.  Napa  lliver  \v;i> 
then  crossed  by  means  of  a  ferry-boat.  Tlie  unjust, 
jiardou  was  coming — was,  indeed,  at  liand.  WliLii 
tlie  sheriff's  party  arrived  at  the  ferry,  strange  to  say, 
the  boat  was  on  the  other  side.  Lustily  oflicial  lungs 
shouted  for  tlie  ferryman,  but  there  was  no  answei'. 
All  was  (juiet;  not  a  soul  to  be  seen;  and  there  was 
notliing  to  be  done  l)ut  to  jiroceed  u|>  tla;  river  to 
soiiK!  point  which  could  be  forded.  The  delay  thus 
involved  was  exasperating  in  the  extreme;  but  hurry- 
ing forward,  in  due  time  the  ])arty  arrived  within 
tlie  town.  There  also  all  was  (juiet;  few  were  .istir. 
Al)out  the  jail  notliing  peculiar  was  observed,  nothing 
more  than  might  be  expected  on  the  morning  of  any 
ordinai'v  execution.  After  all,  thou<jfht  the  sherilf. 
We  are  in  good  season.  Everytliing  is  safe;  nothing 
could   be  better  for  our  purpose.      But  stop!     What 


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170 


ANTICS  OF  JUSTICE  IN  THE  COUNTRY. 


ominous-looking  hemp  is  that  which  stretches  from 
tiic  prison-door  in  the  second  story  down  the  stair- 
way to  the  ground?  Following  the  rope  up  the  stairs 
and  into  the  prison,  they  found  attached  to  the  end 
of  it,  drawn  tightly  up  to  a  beam  in  the  ceiling,  all 
that  remained  of  Hamilton  McCauley. 

The  month  of  June,  1851,  was  prolific  of  popular 
tribunals  all  over  the  country.  It  was  now  that  there 
was  beinjT  formed  at  San  Francisco  the  first  Com- 
mittee  of  Vigilance,  to  which  we  refer  in  the  chapters 
followinij.  But  first  a  few  more  words  touchinij: 
affairs  in  the  country. 

The  tent  of  a  Chinaman  in  the  southern  mines 
was  entered  by  three  men,  who  attacked  him  wliile 
sleeping  and  attempted  to  rob  him.  He  gave  the 
alarm,  and  tlie  burglars  were  caught  in  the  act,  but 
two  of  them  effected  their  escape.  The  one  remaining 
was  immediately  punished  by  the  crowd,  being  sus- 
pended to  a  tree  for  some  minutes,  but  released  before 
death  ensued.  Another  was  captured  the  next  morn- 
ing, and  received  one  hundred  lashes.  The  third 
successfully  evK:^ed  his  pursuers. 

At  Melone,  by  the  decision  of  a  popular  tribunal, 
two  men  were  executed  in  midsummer,  one  for  the 
assassination  of  Lyon,  at  Sonora,  and  the  other  for 
stabbing  Acklin.  The  unfortunates  were  both  Mexi- 
cans, and  the  tribunal  that  judged  them  was  composed 
of  Mexicans  and  Americans. 

One  Augier,  a  trader  at  Pleasant  Springs,  dis- 
covered bogus  specimens  of  gold  in  the  dust  paid  him 
by  a  Chileno  who  had  been  trading  with  him.  The 
man  was  arrested  on  suspicion  and  taken  to  other 
tents,  whose  occupants  identified  him  as  one  who  had 
attempted  the  same  trick  with  them.  Efficient  and 
energetic  men  then  took  the  knave,  gave  him  twenty- 
five  lashes,  and  l)ado  him  go  and  return  no  more. 

A  Chinaman,  while  mining  at  Drytown,  in  Amador, 
was  shot  and  killed  l)v  a  Mexican,  who  made  an  in- 


AFFAIR  OF  GEORGE  SNOW. 


171 


cfFectual  attempt  to  shoot  several  others.  The  miners 
oau2rht  the  Mexican  and  han";ed  him  without  trial. 
Although  the  crowd  favored  his  execution,  but  few 
were  sufficiently  callous  to  cany  out  the  sentence. 
As  no  suitable  rope  was  at  hand,  a  log -chain  was 
fastened  to  the  limb  of  a  tree,  with  just  enough  rope 
for  a  noose.  This  was  placed  over  the  man's  head, 
not  without  difficulty  on  account  of  his  struggles; 
but  at  last  the  execution  was  achieved,  though  in  a 


disijustinoc  manner. 


I  have  spoken  several  times  of  the  existence 
of  large  and  small  organizations  for  the  conducting  of 
systematic  swindling  operations,  but  I  have  only  one 
instance  where  an  honest  man  was  approached  with 
an  offer  for  his  services  in  that  direction  at  a  fixetl 
salary.  This  occurred  at  Nevada  City,  California,  in 
July,  1851,  and  a  gentleman  of  veracity  living  there 
at  that  time  vouches  for  the  truth  of  the  statement. 

A  friend  of  this  gentleman,  a  wild,  frolicsome 
young  fellow,  but  wholly  void  of  evil  intentions,  said 
to  him  one  day : 

"I  am  offered  seven  hundred  dollars  a  month  to 
enffasjc  in  stealing  cattle  and  horses." 

"Indeed!"  was  the  reply,  "that  is  a  good  salary; 
why  do  you  not  accept?" 

"Sir,"  he  exclaimed,  "I  am  not  a  thief  I" 

It  appears  that  the  ungovernable  spirit  and  reckless 
bearini;  of  the  vounji'  man  had  drawn  this  offer  from 
those  who  followed  cattle-stealing  as  an  occupation 
and  hired  helpers  at  a  fixed  salary.  It  should  be 
loiuembered  that  in  the  days  previous  to  the  gold- 
discovery  and  shortly  following  it,  cattle  were  branded 
by  their  owners  and  left  to  run  at  large,  and  that 
tliero  were  immense  droves  of  them  running  about, 
particularly  in  the  southern  portion  of  the  state. 

Among  the  early  ari"ivals  at  Sonora  was  George 
Snow,  of  Maine.     He  worked   industriously  at  the 


I 


17-2  ANTICS  OF  JUSTICE  IX  THE  COUNTRY. 

mines,  until  he  had  amassed  quite  a  httle  fortune, 
enough  to  excite  the  cupidity  of  some  Chilenos  in  liis 
employ,  who  determined  to  kill  and  rob  him.  In 
order  to  facilitate  their  design  they  purchased  of  him 
a  long- torn  on  the  24th  of  June,  1851,  which  they 
agreed  to  pay  for  next  day,  if  he  would  call  early 
in  the  morning  at  their  cabin  for  the  money.  The 
Chilenos  lived  in  a  sequestered  spot  at  Dragoon 
Gulch,  where  they  thought  to  effect  their  purpose 
without  detection.  To  perfect  their  plan  they  dug  a 
grave  for  their  intended  victim  in  the  ground  beneath 
their  bed,  and  then  awaited  his  arrival.  Snow  had 
scarcely  entered  the  cabin  before  one  of  the  Chi- 
lenos snatched  the  gold  dust  from  his  belt,  while  the 
others  attacked  him  with  knives.  Severely  wounded, 
with  extraordinary  effort  he  reached  the  opening  in 
the  tent  and  called  for  help.  His  cries  were  heard 
by  some  men  working  at  a  distance  of  two  hundred 
yards  from  the  cabin;  the  Chilenos  fled  as  soon  as 
they  saw  their  failure.  Snow  survived  his  injuries 
but  a  short  time.  Search  was  made  for  the  Cliilenos, 
and  two  of  them  were  subsequently  capturoil  and 
taken  to  Shaw  Flat,  Snow's  late  residence,  wliero 
trial  by  the  people  awaited  them.  Although  the 
road  in  that  direction  was  thronixed,  there  was  no  e-x- 
tvaordinary  excitement.  It  was  noticed  that  most  of 
the  miners  carried  double  their  usual  arms,  and  aboMt 
them  was  an  air  of  quiet  determination  not  favorable 
to  the  assassins.  Two  juries  were  impanelled,  one 
for  each  case;  evidence  was  brought  up  of  such  con- 
vincing weight  tliat  each  jury  unhesitatingly  jiro- 
nouneed  a  verdict  of  guilty.  The  younger  of  the 
two,  Antonio,  had  been  identified  by  Mr  Snow,  in  liis 
dying  breath,  as  the  man  who  held  the  gold  dust 
while  the  others  wei'e  stabbing  him.  Antonio  con- 
fessed that  he  had  been  aware  of  the  intentions  of 
his  comrades  for  a  fortnight,  and  knew  of  their 
digging  the  grave,  but  did  not  think  he  was  amenable, 
as  he  did  not  commit  the  murder.     The  elder  man 


SONORA  AND  CAMPO  SECO. 


173 


was  sulky,  and  would  make  no  confession;  his  visage, 
marred  by  crime,  was  indicative  of  the  worst  of  pas- 
sions; he  was  large  and  athletic,  while  xVntonio  was 
(juite  young  and  small  of  stature.  Two  other  Mexi- 
cans who  escaped  were  said  by  Antonio  to  be  guilty 
of  the  murder;  they,  he  said,  had  already  murdered 
three  Americans,  and  had  planned  to  kill  another. 
.Vll  these  villains  had  lived  together  for  some  time  at 
Di-ay-oon  Gulch. 

After  the  verdict  was  pronounced,  the  will  of  the 
people  was  demanded  by  the  chairman.  In  accord- 
ance v/ith  their  vote  the  men  were  taken  to  the  scene 
of  the  murder,  and  there  on  Sunday  afternoon  at 
four  o'clock  they  were  hanged,  and  buried  in  the 
grave  they  had  dug  for  their  victim.  Fully  a  thou- 
sand persons  accompanied  the  condemned  men  to 
their  place  of  execution  and  burial. 

During  the  same  morning,  at  Sonora,  a  serious 
uielde  occurred  on  the  street.  Marshal  McFarland 
liad  arrested  a  Chilean,  and  was  taking  him  to  jail, 
when  the  officer  was  fired  on  by  a  Mexican.  The 
marshal  returned  the  fire,  when  the  Mexican  lUshed 
upon  him  with  his  knife.  Again  the  marshal  fired, 
and  the  Mexican  fell  dead;  other  Mexicans  then 
undertook  to  rescue  the  Chilean  and  aven<je  their 
tomrade's  death,  but  reinforced  by  a  constable,  the 
marshal  overpowered  the  party,  wounding  three  of 
the  assailants,  and  one  fatally. 

One  Saturday  night  early  in  June  five  men  lay 
sleeping  in  the  store  of  Bemas  and  Company,  at 
Campo  Seco.  About  midnight  eight  burglars  entered 
the  store  without  waking  the  occupants.  Five  of 
I  hem,  each  with  drawn  bowie-knife  and  cocked  pistol, 
[ook  their  stations  over  the  five  sleepers,  while  the 
other  three  proceeded  to  rob  the  store.  Presently 
the  sleepers  awoke,  and  were  obliged  to  remain  the 
unwilling  witnesses  of  the  rifling  of  the  premises. 
At  length,  while  the  robbers  were  carrying  away  an 
iion  chest,  one  of  the  men  belonging  to  the  store 


11 


174 


AXTICS  OF  JUSTICE  IN  THE  COUNTRY. 


managed  to  slip  away  and  give  the  alarm.  The  town 
was  raised  and  the  robbers  pursued.  The  chest  was 
found  about  four  hundred  yards  away,  but  the  plun- 
derers escaped. 

One  day  a  man  of  villainous  aspect  dropped  upon 
Oregon  Bar.  He  said  his  name  was  Walden ;  that  he 
was  without  money,  hungry,  and  thirsty.  The  miners 
gave  him  food  and  drink,  and  after  lying  about  the 
place  for  a  day  or  two  he  departed.  Xo  sooner  was 
he  gone  than  the  camp  doctor  missed  from  his  cabin 
a  Q-old-dust  has*'  coutainino-  two  hundred  dollars,  and 
some  fresh  meat  cut  ready  to  stew  for  dinner.  The 
vagrant  was  instantly  pursued,  brought  back,  tried, 
and  sentenced  to  be  hanged;  but  as  there  was  posi- 
tively no  testimony  against  him,  not  even  sufficient  to 
hang  a  man  already  condemned  before  trial.  It  was 
tacitly  understood  that  the  man  should  not  be  stran- 
gled to  death,  but  only  choked  into  a  coafessiou. 
NYalden,  though  he  swore  ho  stole  nothing,  apparently 
did  not  object  to  be  hanged,  and  indeed  he  nearly 
brought  on  his  own  death,  for  making  a  desperate 
kick  at  the  bungling  miner  who  adjusted  the  i-ope  in 
such  a  way  as  to  hurt  his  neck,  the  other  foot  slipped, 
leaving  him  danji^lino'.  Before  the  miners  could  cut 
him  down  life  was  nearly  e.x.tinct,  but  by  strenuous 
efforts  he  was  resuscitated.  Tlie  man  would  confess 
nothing,  and  either  more  testimony  must  be  obtained 
or  he  must  be  discharged.  A  happy  thought  struck 
the  doctor.  Administering  to  the  culprit  a  power- 
ful emetic,  soon  there  was  brought  to  light  pieces 
of  meat,  which  the  doctor  thought  on  a  pinch  ho 
mii^ht  swear  to  be  the  same  stolen  from  him.  After 
a  little  more  choking,  however,  Walden  was  liberated. 
As  he  proceeded  on  his  way  he  was  narrowly  watched, 
the  miners  thinking  if  he  had  really  stolen  the  gold 
dust  he  would  take  it  from  its  place  of  concealment 
and  carry  it  away  with  him.  But  the  man  walked 
straight  along  the  road,  turning  neither  to  the  right 
hand  nor  the  left.     The  miners  coneluded  to  make 


WALDEN  OF  OREGOX  BAR. 


178 


ouo  more  trial  before  letting  him  go,  and  if  possible 
frighten  him  into  a  confession.  Coming  up  to  him 
they  told  him  they  had  found  some  fresh  evidence, 
and  that  he  must  come  back  and  be  hanged.  "  Well," 
replied  Walden,  "hang  me  if  you  want  to,  Init  d<^  it 
speedily  and  respectably,  without  humbug,  harangue, 
or  torture."  Finding  him  so  much  more  ready  to  die 
than  to  confess,  they  told  him  he  might  go.  "  Then," 
said  Walden,  with  the  most  perfect  nonchalance, "give 
me  something  to  drink,  and  trouble  me  no  more!" 
which  was  done. 

Sunday  morning,  the  20t]i  of  June,  a  young  man 
entered  a  complaint  to  the  sheriff  at  Sonora  that, 
while  in  the  house  of  a  Mexican  woman,  another 
man  wrenched  from  him  his  pistol,  struck  him  over 
the  head  with  it,  and  then  snapped  it  at  him.  The 
pistol  missing  fire  his  life  was  spared.  The  sheriff 
and  his  deputy  proceeded  to  the  house  and  searched 
it,  but  finding  no  one  there  they  started  to  go,  when 
on  looking  under  the  bed  they  discovered  the  man, 
covered  with  clothes.  He  was  armed  with  two  re- 
volvers, a  double-barrelled  gun,  and  a  bowie-knife, 
only.  Dragging  him  forth  they  looked  at  him,  and 
finding  the  resemblance  to  the  description  of  one  of 
the  Campo  Seco  robbers  so  striking,  they  committed 
hiui  to  prison,  sent  word  to  that  place,  and  soon 
lie  was  identified. 

The  prisoner's  name  was  David  Hill.  Next  day  ho 
was  taken  by  the  people  to  Campo  Seco,  and  tried  and 
condemned  to  death.  It  was  agreed  that  the  execution 
should  take  place  in  an  hour  and  a  half  ^Meanwlnle, 
as  the  prisoner  expressed  a  wish  to  make  some  dis- 
closures, a  committee  of  five  was  appointed  to  attend 
him  for  that  purpose,  who  soon  reported  that  they 
deemed  the  proposed  confession  of  sufficient  im- 
portance to  delay  the  execution  till  the  next  day, 
which  proposal  was  acceded  to.  The  confession  was 
made  as  promised,  and  it  led  to  the  arrest  of  others 
of  the  gang.     They  then  proceeded  to  execute  the 


V  '/< 


176 


ANTICS  OF  JUSTICl-:  IX  THli  COUNTRY. 


sentence  which  had  been  pronounced  upc»n  him. 
"About  six  o'clock,"  says  the  Sonora  Ilcvald,  "IJill 
was  led  forth  to  execution.  An  immense  number  of 
acc()m])lices  and  other  villains  had  collected  I'rom 
various  camps.  After  the  i)risoner  was  ))laced  unoii 
the  stand  he  made  a  few  remarks,  describing"  his  life 
as  one  of  crime,  and  warninL>'  others  against  Ibllowinn' 
his  coiu'se.  He  also  said  that  he  had  robbed  and 
stolen,  and  done  other  acts  of^  crime,  but  had  nevei' 
shed  blood,  and  he  threw  himself  upon  the  mercy  of 
tlie  people.  The  question  was  then  put,  Shall  lie  be 
hanged?  A  large  number  answered  ay,  but  an  equal 
number  responded  in  the  negative.  Inunediately  some 
hundreds  of  jnstols  were  drawn,  and  a  universal  stam- 
pede occurred.  Hoi-semen  plunged  into  the  crowd 
and  over  them,  and  the  people  ran  in  every  direction. 
Oi'der  being  partially  restored,  several  persons  s[)oki' 
for  and  against  the  execution,  until  at  lenixth  Geor«>"e 
Work  arrived  by  himself  and  asked  to  be  heard.  He 
then  pledged  his  own  life  that  the  prisoner  should  be 
forthcoming  at  the  district  court  if  they  would  deliver 
him  into  the  hands  of  the  civil  authorities.  His 
remarks  \vere  responded  to  by  cries  of  'Thornlyl' 
'ThoT'iily  I'  In  the  excitement  the  prisoner  was  taken 
from  the  stand,  his  hands  all  the  while  oinioncd  be- 
hind  him,  and  he  was  thrust  into  a  wagon,  which  was 
inunediately  driven  off  at  a  rapid  rate  for  Sonora. 
The  sherift'  and  one  other  person  were  also  in  the 
wagon,  and  several  others  accompanied  them  on  horse- 
back. News  of  the  result  having  reached  here  shortly 
after  the  rescue,  Mi'  L.  D.  F.  Edw'ards,  accompanied 
by  E.  Lindberg,  with  a  gong,  passed  through  the  city, 
and  called  a  meeting  of  the  ]ieo]5le  instantly  in  front 
of  Mr  Ilolden's  store.  Mr  Edwards  then  addressed 
the  crowd  in  a  short  but  very  energetic  speech,  re- 
ferring to  the  escapes  of  criminals  heretofore,  and  the 
danger  of  our  citizens  while  such  thieves  and  rascals 
were  permitted  to  escape.  He  proposed  to  take  tlu; 
prisoner  as  soon  as  he  might  arrive  in  town  and  hang 


DOINGS  OVER  DAVID  HILL. 


1 1  $ 


him.  There  was  not  u  dissenting  voiee.  The  crowd 
then  prepared  with  weapons  to  moot  tlie  sheriiK  and 
the  prisoner  at  the  entranee  of  the  city.  Tliey  canu' 
in  a  wagon,  with  two  persons  alongside  on  liorsrhaclc 
M'ith  pistols  drawn.  But  all  was  of  no  avail.  The  men 
in  that  crowd  were  not  to  be  frightened.  They  fol- 
l()\\\>d  the  wagon,  driving  at  a  rapid  rate,  until  it  stiuck 
against  a  })ost,  it  being  dark,  (leorge  Woik  then 
jumped  out  with  the  prisoner,  holding  him  by  the 
collar,  and  both  ran  at  full  speed  for  the  jail,  plunging 
through  the  arroyo,  while  the  crowd  behintl  were 
;h;)uting,  'Stop  him  in  front!  We  are  afraid  to  shoot 
lest  we  may  kill  our  friendsl  Stop  him  in  front!'  ^Tr 
l-iindberg  soon  caught  the  prisoner  behind,  and  hung 
on  to  him,  compelling  Hill  to  drag  him  along,  and  thus 
impeding  Hill's  progress.  Colonel  Cheatham,  also,  all 
praise  to  the  man,  i-an  ahead  at  full  speed  to  the  jail, 
and  })lanting  himself  before  the  door,  cocked  his  re- 
volver, and  as  George  Work  and  the  prisoner  came 
running  up,  he  placed  one  hand  on  the  prisoner,  and 
]n-esenting  his  pistol  toward  George,  said:  'George, 
you  have  a  pistol  and  I  have  a  [)istol;  3'ours  is  cocked, 
and  so  is  mine.  Blow  away!  I  can  kill  too— but  let 
Una  man  go!'  Others  by  this  time  came  up,  and  (^ne 
party  taking  George,  another  the  prisoner,  no  shots 
were  exchanged,  and  the  rescue  was  made.  Two 
persons  threw  a  rope  over  the  [)risoner's  neck,  and 
away  he  was  led  to  execution.  The  place  selected 
was  the  limb  of  a  tree  behind  the  El  Dorado.  A 
minister  was  requested,  and  iifteen  minutes  allowed, 
tlie  prisoner  being  surrounded  by  a  ring  of  tirm  men, 
wJio  were  cool  and  determined  in  tin;  work  before 
them.  A  large  crowd  was  gathered  lound;  but 
all  were  still  as  death.  The  tlfteen  minutes  having 
expired,  the  signal  was  given,  and  in  an  instant  tlu- 
wretched  man  was  hanging  by  the  neck.  There  was 
scarce  a  struggle.  The  crowd  were  deeply  imjiressed, 
]iut  all  were  satisfied  of  the  righteousness  and  neces- 
sity of  the  punishment.     All  through  the  city,  the 

Pop.  TniD..  Vol.  I.    12 


iS*: 


178 


ANTICS  OF  JUSTICE  IN  THE  COUNTRY. 


rowdies,  men  who  live  sumptuously  and  yet  do  no 
work,  men  who  are  marked,  and  against  some  of  whom 
there  are  more  than  suspicions  of  guilt,  were  solemn 
and  subdued.  Two  or  three  might  be  seen  in  a  squad, 
in  various  places,  talking  softly,  and  evidently  alarmed 
for  their  own  safety.  We  say,  keep  the  halter  ready, 
and  use  it  whenever  one  is  caught,  be  Ikj  American 
or  foreigner.  We  glory  in  the  fact  that  American 
justice  is  dealt  out  to  all  alike.  Hill  was  from  Cort- 
land county.  New  York.  Among  the  last  words 
uttered  by  him  were  that  his  confession  was  true, 
and  the  several  persons  implicated  by  him  were  guilty 
as  he  had  described."  • 

Sonora  at  this  time  was  one  of  the  largest  and 
most  thriving  towns  in  the  southern  mines.  They 
were  a  rioting,  roistering  crew,  and  the  people  of  Co- 
lumbia, near  by,  were  not  far  behind  them.  Popula- 
tion there  was  extremely  mixed,  and  the  Mexican 
element,  largely  infused  from  the  first,  tended  in 
nowise  to  allay  eruptions.  But  while  there  were 
scores  of  lir.nging  scrapes  before  this  in  the  mines,  it 
was  not  until  midsummer,  1851,  that  San  Francisco 
awoke  to  her  high  privilege.  i 


CHAPTER.  XII. 


THE  BURDUE-STUART  AFFAIR. 


My  life  is  ono  demd  horrid  grind. 

Kirhola.1  Nickhhy. 

On  one  of  the  principal  thoroughfares,  and  in  one 
of  the  most  central  business  localities  in  San  Fran- 
cisco, that  is  to  say  on  Montgomery  street,  one  doni 
from  Washington,  was  situated  the  dry-goods  house  of 
C.  J.  Jansen  and  Company.  The  firm  was  highly  re- 
spectable; their  business  was  large,  and  their  dealings 
fair.  The  senior  partner,  Mr  Jansen,  was  a  man  of 
slight  physical  build,  but  intellectually  strong,  and 
though  of  somewhat  grave  demeanor,  his  warm  lieai't 
and  unobtrusive  ways  had  won  him  a  host  of  friends. 

American  merchants  devoted  more  time  to  business 
then  than  now ;  in  California  they  confined  themselves 
more  closely  than  elsewhere.  All  who  had  conic 
liither  must  lay  the  foundations  of  fortune,  and  each 
was  eager  to  outstrip  competitors  and  occupy  a  front 
l)osition.  Furthermore,  social  intercourse  offered  few 
attractions  to  minds  saturated  with  such  ambition; 
and  public  affairs,  which,  through  neglect  on  the  part 
of  good  men,  had  fallen  into  the  hands  of  low  for- 
eigners and  professionals,  were  repugnant  to  all  honest, 
liigh-minded  citizens.  Hence  it  was  that  the  partners 
of  large  firms  were  found  at  all  hours  of  the  day 
attending  to  business,  waiting  personally  on  their 
customers,  and  at  night  writing  up  their  books,  often 
cooking,  eating,  and  sleeping  on  the  premises. 

About  eight  o'clock  in  the  evening  of  February  19, 

( 179 ) 


TT 


ISO 


TOE  IJURDUE-STUAKT  AlFAIIt. 


1851,  a  man  entered  the  store  of  Mr  Jansen  and 
be^jjan  to  examine  the  goods.  Shding  noiselessly 
about,  he  looked  at  hats,  shirts,  and  ov^cralls,  mean- 
while watching  narrowly  the  door,  and  taking  in  the 
general  situation. 

There  was  nothing  peculiar  in  the  appearance  of  the 
man.  In  those  rough  days,  and  in  the  absence  of 
refining  woman,  few  were  very  particular  about  their 
dress,  and  those  few  were  not  of  the  better  sort.  In 
the  mines  white  starched  linen  was  the  garb  of  vice ; 
'biled  shirts'  covcied  the  black  hearts  of  nuu'derers 
and  the  soiled  character  of  gamblers,  saloon -keo})crs, 
and  })ettifoggers.  Honesty  throve  in  coarse  woollen, 
and  often  under  the  ragged  red  shirt  were  belted  hun- 
dreds of  dollars  in  gold  dust,  the  result  of  sweating 
toil;  therefore  it  was  the  most  difficult  place  in  the 
world  to  detect  shades  of  character  in  dress.  Dress 
could  be  so  easily  assumed  without  exciting  suspicion, 
for  in  the  multitudinous  changes  of  place  and  occu- 
pation everybody  was  throwing  away  his  old  garments 
and  putting  on  new. 

Some  of  the  streets  of  San  Francisco  were  at  this 
time  dindy  lighted;  others  were  not  lighted  at  all. 
It  had  been  raining  a  little  during  the  vening,  and 
the  bright  blaze  from  the  chandeliers  of  gambling- 
saloons  which  poured  upon  the  miry  unpavcd  streets 
rendered  the  surrounding  darkness  only  more  opaque. 
Neveitheless  it  was  yet  eaily,  and  business  men  had 
not  closed  their  doors  for  the  night. 

Mr  Jansen  was  alone  in  the  store  when  the  cus- 
tomer entered.  The  man's  face  was  covered  with 
thick  nmstache  and  whiskers;  he  had  on  a  gi'ay  coat 
and  broad-brimmed  hat,  and  acted  as  if  slightly  in- 
toxicated. At  length  stepping  toward  Mr  Jansen, 
wlio  was  back  at  the  desk,  he  said  he  wanted  to  buy 
a  dozen  blankets. 

Mr  Jansen  moved  forward  and  laid  his  hand  on  a 
])ile  of  colored  blankets,  when  the  man  said:  "No, 
white." 


THOMAS  BURDUES  STORY. 


181 


I 


Just  tlu'ii  a  11  other  man  ontorcd  the  store  and  also 
asked  for  blankets,  lie  was  taller  tluin  the  other,  was 
partially  niuttted  in  a  cloak,  and  wore  a  hat  pointed 
in  the  (3rown.  The  room  was  fifty  feet  long,  and 
was  lighted  by  one  candle  only  which  stood  on  the 
desk.  The  tall  man  did  not  enter  more  than  twenty 
feet  from  the  door.  While  ^fr  Jansen  was  stooping 
to  get  the  blankets,  the  tall  man  cried  *'NowI" 
Whereupon  the  short  man  struck  the  store-keeper 
senseless  with  a  slung -shot,  and  the  other  rushing 
forward,  both  beat  liim  on  the  head  and  stamped  upon 
his  breast  until  they  thought  him  dead,  or  at  least 
sufficiently  at  rest  to  give  them  no  further  trouble. 
Then  they  opened  the  desk,  and  taking  what  money 
they  could  find,  about  two  thousand  dollars,  quickly 
fled. 

From  the  time  the  tirst  man  asked  for  blankets  the 
whole  aifair  ci  1  not  occupy  three  minutes.  A\.  length 
Mr  Jansen  so  far  recovered  as  to  crawl  to  the  door 
and  give  the  alarm.  Theodore  Payne,  whose  store 
was  then  opposite,  and  who  had  been  waiting  for  ^Mr 
Jansen  to  accompany  him  to  dinner,  as  was  his  custom, 
immediately  ran  to  his  assistance,  but  the  robbers  had 
made  good  their  escape.  The  authorities  were  notilled 
of  the  circumstances;  the  appearance  of  the  men 
was  described  by  Mi'  Jans(3n,  and  a  thorough  search 
instituted. 


It  happened  that  at  this  time  the  police  were  in 
search  of  one  James  Stuart,  who  was  charged  with 
liaviiig  murdcved  the  sheriff  of  Auburn,  and  had 
escaped  jail  two  months  befoi'C  at  Sacramento,  where 
he  liad  been  confined  awaiting  trial.  Thui'sday,  the 
day  after  the  Jansen  I'obber}',  a  man  was  arrested  ^vho 
gave  his  name  as  Thomas  Burdue.  He  had  a  long 
story  to  tell  about  his  departure  from  S^'dney,  leaving 
there  his  wife  and  children,  and  coming  to  Caliioniia. 
Unable  to  find  employment,  he  went  to  the  mines, 
but  there  met  with  little  success,  scarcely  taking  out 


i 


muT 


i!  I- 


III! 


182 


THE  BURDUT -STUART  AFFAIR 


gold  enough  to  buy  him  food.  For  several  months  ho 
was  prostrate  with  fever,  and  but  for  the  attention  of 
kind-hearted  comrades  would  have  died.  But  saddest 
and  strangest  of  all,  he  had  been  persecuted  to  the 
verge  of  insanity  by  the  hounds  of  the  law.  Thrice 
had  ho  been  arrested  for  crimes  which  he  never  com- 
mitted; once  he  escaped,  but  twice,  at  different  times 
and  places,  he  had  been  tried,  convicted,  and  barely 
escaped  hanging^,  and  yet  he  was  as  innocent  of  crime 
as  any  man  in  California. 

It  was  a  good  story,  too  good,  indeed,  for  belief, 
and  had  been  well  told.  As  usual  in  such  stories, 
part  of  it  was  natural  enough,  but  part  of  it  was  of 
so  startlin<j:  a  nature  that  the  wonder  was  how  the 
prisoner  thought  any  one  should  be  so  credulous  as  to 
iDeliovc  it.  No,  Thomas  Burdue  was  but  one  of  half 
a  dozen  aliases  of  which  James  Stuart  was  the  real 
name,  so  every  one  believed;  and  further,  he  was  no 
other  than  one  of  those,  the  shorter  of  the  two,  who 
assaulted  Jansen  the  evening  previous.  On  Friday, 
the  21st,  while  deep  in  the  fascinations  of  a  strap 
'^anie  on  Commercial  street,  another  suspected  person, 
named  Wildred,  who  corresponded  in  appearance  to 
^Ir  Jansen's  descri})tion  of  the  tall  robber  in  the 
cloak,  was  apprehended  and  placed  in  confinement. 

Throughout  the  entire  comnmnity  there  was  the 
greatest  excitement.  Crowds  gathered  round  the 
1)uilding  whore  the  prisoners  were  confined,  and 
threats  were  made  to  take  them  out  forthwith  and 
hang  them. 

There  was  no  question  in  the  minds  of  any  that 
these  were  the  true  offenders.  About  noon  on  Satur- 
day they  were  taken  from  the  station-house  by  tlie 
marshal,  and  under  escort  of  a  strong  police  force 
were  conducted  to  the  residence  jf  Mr  Jansen,  who 
was  lying  ill  of  his  wounds  and  unable  to  attend  court. 
Mr  Jansen  was  sworn,  and  while  his  testimony  was 
being  taken  Wildred  was  brought  in.  Jansen  recog- 
nized liini  as  the  taller  of  the  two  men;  he  would  not 


TRIAL  OF  THE  JANSEN  ROBBERS. 


IS.T 


swoar  positively,  still  he  was  sure  this  was  he  of  the 
cloak  and  pointed  hat.  After  further  testimony  was 
taken  Stuart  was  introduced,  and  Mr  Jansen  swore 
that,  to  the  best  of  his  knowledge  and  belief,  this  was 
the  villain  who  struck  him  down.  When  Wildred's 
cloak  and  Stuart's  hat  were  on,  Jansen  said  he  could 
not  imagine  a  closer  resemblance. 

On  their  way  back  the  prisoners  were  followed  by 
a  mob,  who  cried :" Hang 'em  1 "  "Lynch 'em!"  And 
once,  while  crossing  the  plaza,  a  rush  was  made  for 
Stuart,  who  appeared  to  be  the  more  obnoxious  of 
the  two,  from  the  fact  of  his  having  committed  the 
murder  at  Auburn.  The  attempt  to  seize  him,  how- 
ever, failed,  and  the  two  men  were  again  safely  in- 
carcerated. 

At  two  o'clock  the  same  day  they  were  brought 
l>efore  Justice  Shepherd  for  examination.  Hall  Mc- 
Allister appeared  for  the  prisoners,  and  H.  H.  Byrne 
for  the  people.  After  the  reading  of  Mr  Jansen's 
deposition  on  behalf  of  the  prosecution  the  defence 
was  opened.  John  Wilson  swore  an  alihl;  swore  he 
was  playing  cards  with  Wildred  at  a  gambling-house, 
corner  of  Commercial  and  Montgomery  streets,  from 
lialf-past  seven  till  ten  o'clock,  and  that  during  that 
time  Wildred  had  not  left  the  room  for  a  moment. 
He  said  he  had  known  Wildred  for  six  months;  that 
lie  was  a  respectable  person,  and  a  man  of  family. 
S.  J.  Marks  also  swore  that  he  saw  him  there. 

Scarcely  one  who  heard  this  evidence  believed  it 
true.  The  court  was  now  adjourned  till  Monday.  At 
the  time  of  adjournment  the  room  was  packed  witli 
])eople,  and  round  the  city  hall,  while  the  examination 
had  been  going  on,  were  gathered  more  than  tivo 
thousand  men. 

Scarcely  had  the  judge  announced  adjournment 
when  the  crowd  raised  the  cry,  "Now  is  the  time!" 
and  rushed  upon  the  prisoners.  Great  was  the  U[)- 
roai-  wliich  followed.  Chairs,  tables,  and  railings  gave 
.va}-  before  the  infuriated  populace ;  Stuart  was  seized 


184 


THE  BURDUE-STUAKT  AFFAIR. 


by  one  and  Wildred  by  another,  but  the  assailants 
were  beaten  off  by  the  sheriff  and  his  assistants.  The 
Washington  Guards,  whose  armory  was  next  door, 
then  rushed  to  the  ^escue  of  the  prisoners,  and  the 
crowd  was  driven  from  the  court -room.  The  pris- 
oners were  conveyed  to  the  judge's  private  room,  and 
the  Guards  returned  to  the  armory  amidst  groans,  and 
hisses,  and  cries  of  "Shame!"  " Shame  1"  The  people 
were  then  addressed  by  several  of  the  most  respect- 
able citizens;  they  were  urged  not  to  act  rashly,  and 
quiet  was  at  length  restored. 

As  night  came  on,  the  numbers  about  the  court- 
liouse  increased  to  six  or  seven  thousand.  Although 
there  was  great  excitement,  order  was  maintained, 
and  there  was  no  further  attempt  at  violence.  It 
was  not  a  mob;  it  was  a  movement  of  the  people, 
made  not  with  the  object  of  interfering  with  justice, 
but  to  assist  justice.  The  impromptu  meeting  was 
organized,  and  W.  D.  M.  Howard  called  to  the  chair. 
A  committee  was  ajjpointed  to  see  the  prisoners 
properly  guarded  during  the  night,  and  to  report  at 
a  meeting  to  be  held  on  the  plaza  next  day  at  ten 
o'clock.     The  crowd  then  quietly  dispersed. 

At  the  meeting  next  morning  which  numbered 
eight  or  ten  thousand  persons,  majority  and  minority 
reports  were  read — the  first  as  follows:  That  they 
recommend  to  the  citizens  of  San  Francisco  to  pro- 
ceed forthwith  to  appoint  a  committee  of  thirteen 
citizens  to  act  as  judge  and  jury,  to  proceed  to  the 
trial  of  the  suspected  criminals  at  two  o'clock  that 
day.  The  said  committee  to  act  in  conjunction  with 
the  court  if  the  court  be  willing;  if  not,  to  proceed  to 
trial  by  themselves ;  they  would  recommend  also  that 
proper  counsel  be  assigned  the  prisoners,  in  case  they 
have  none  already  engaged.  The  minority  of  the 
c(niiniittee,  through  Samuel  Brannan,  recommended 
immediate  punishment.  "Why  should  we  speak  to 
juries,  judges,  or  mayors?"  cried  Sam,  in  angry 
perspiration.     "Have  we  not   had   enough  of  such 


DISMAL  PROSPECTS. 


185 


doings  the  last  eighteen  months?  It  is  we  ourselves 
who  must  be  mayor,  judges,  law,  and  executioners. 
These  men  are  murderers  and  thieves;  let  us  hang 
them!"  Meanwhile  printed  bills  had  been  posted 
about  the  streets,  which  read  as  follows: 

"Citizens  of  San  Francisco  1  The  series  of  murders 
and  robberies  that  have  been  committed  in  this  city, 
without  the  least  redress  from  the  laws,  seem  to  leave 
us  entirely  in  a  state  of  anarchy.  When  thieves 
are  left  without  control  to  rob  and  kill,  then  doth  the 
honest  traveller  fear  each  bush  a  thief  Law,  it  ap- 
pears, is  but  a  nonentity,  to  be  scoffed  at;  redress  can 
be  had  for  aggression  but  through  the  never- failing 
remedy  so  admirably  laid  down  in  the  code  of  Judge 
Lynch.  Not  that  we  should  admire  this  process  for 
redress,  but  that  it  seems  to  be  inevitably  necessary. 
Are  we  to  be  robbed  and  assassinated  in  our  domiciles, 
and  the  law  to  let  our  aggressors  perambulate  the 
streets  merely  because  they  have  furnished  straw 
bail?  If  so,  let  each  man  be  his  own  executioner. 
Fie  upon  your  laws !  they  have  no  force.  All  those 
^\  ho  would  rid  our  city  of  its  robbers  and  murderovs 
will  assemble  on  Sunday,  at  two  o'clock,  on  the  plaza." 

"  We  are  here  without  jails,"  says  the  Herald  of 
February  22d,  "without  penitentiaries,  and  without  a 
police  sufficiently  strong  for  the  circumstances;  and 
conjoined  with  these  deticicncies  we  have  a  bankrupt 
city  and  an  incompetent  council.  On  whom  must  we 
depend  for  relieving  the  town  from  the  desperate  and 
abandoned  scoundrels  who  now  infest  it?  There  is 
clearly  no  remedy  for  the  existing  evil  but  in  the 
strong  arms  and  stout  souls  (if  the  c.tizens  themselves. 
But  in  order  to  be  strong  we  must  be  organized,  foi- 
the  enemy  we  have  to  deal  with  is  well  drilled  and 
disciplined.  It  behooves  us,  then,  to  take  some  steps 
tor  concentrated  action  in  order  to  put  a  stop  to  the 
dark  and  atrocious  crimes  committed  in  our  midst. 
Let  us  then  organize  a  band  of  two  or  three  hundred 
Regulators,  composed  of  such  men  as  hove  a  stake  in 


186 


THE  BURDUE-STUART  AFF.UR. 


1 

; 

, 

1 

- 

J 

iJiiilliin 

the  town,  and  who  are  interested  in  the  welfare  of  the 
community.  The  very  existence  of  such  a  band  would 
terrify  evil-doers  and  drive  the  criminals  from  the  citv. 
If  two  or  three  of  these  i-obbers  and  burglars  were 
caught  and  treated  to  lynch  law,  their  fellows  would 
be  more  careful  about  future  depredations." 

After  speaking  of  the  custom  of  the  British  minis- 
try to  resign  their  position  when  one  of  their  leading 
recommendations  is  defeated  in  Parliament,  which  is  a 
sure  indication  of  lack  of  confidence,  and  recommend- 
ing California  office-holders  to  do  likewise,  the  editor 
of  the  Alta  California  of  Sunday  morning  goes  on  to 
say:  "With  one  consent  the  people  have  taken  into 
their  own  hands  the  adjudication  of  law  and  justice, 
because  they  knew  no  confidence  could  be  placed  in 
our  tribunals.  And  why  has  the  community  come  to 
this  conclusion?  Simply  because  our  courts,  instead  of 
being  a  terror  to  evil-doers,  have  proved  themselves 
the  protectors  of  villains,  and  thus  encouragers  of 
crime. 

"  This  is  a  hard  accusation,  but  it  is  true.  There 
can  be  no  doubt  that  in  California  five  hundred  mur- 
ders have  been  committed.  And  yet,  with  enactments 
defining  the  crime  of  murder  and  affixing  the  penalty 
of  death  for  the  crime  on  our  statute-books,  not  one 
single  offence  has  been  punished  b}"  these  courts. 
Every  murderer  who  has  passed  through  the  mum- 
mery of  an  examination  or  trial  has  been  let  loose 
upon  society  again,  with  the  endorsement  of  the  court 
upon  his  character  that  he  is  not  guilty.  Thus  he 
has  been  made  current  coin  of  the  community,  while 
before  he  was  at  best  but  bogus  in  public  belief,  even 
if  suspicion  alone  rested  upon  him.  Courts  have  thus 
gendered  crime  by  nourishing  the  criminal.  It  will 
not  do  to  tell  our  people  that  this  utter  impunity  has 
been  the  result  of  causes  beyond  the  court's  control. 
Xo  one  will  believe  it;  no  one  ought  to  believe  it, 
simply  because  it  is  false  and  the  people  know  it  to 
be  false." 


TVTLLIAM  T.  COLEMAN. 


m 


|)Ose 

^urt 

he 

bile 


Like  many  others,  Mr  WiUiam  T,  Coleman  had 
been  attending  to  business  up  to  Saturday  night,  and 
although  interested  in  current  events  had  given  thenj 
no  special  attention.  Wending  his  way  Sunday  morn- 
ing after  breakfast  toward  the  old  Graham  House, 
corner  of  Pacific  and  Kearny  streets,  in  the  base- 
ment of  which  the  prisoners  were  confined,  he  saw 
in  the  faces  of  the  citizens  bent  in  that  direction  un- 
mistakable evidences  of  anger,  which  as  lie  walked 
became  somewhat  contagious.  Considering  the  possi- 
bility of  a  rough  turn  in  affairs  before  the  day  was  over, 
in  which  perchance  he  might  participate,  the  thrifty 
young  merchant  returned  to  liis  room,  laid  aside 
his  Sunday  suit,  and  put  on  plainer  apparel.  WJu'u 
he  reached  the  scene  of  action,  the  mayor  from  the 
balcony  was  urging  tlie  people  to  disperse,  and  protler- 
ing  the  strongest  pledges  that  proceedings  in  this  trial 
should  be  prompt  and  decisive.  Others  spoke  in  tlie 
same  strain. 

It  soon  became  apparent  to  Mr  Coleman  that  those 
speeches  tended  to  irritate  rather  than  to  allay  the 
excitement.  Some  laughed  at  promises;  others  re- 
mained sullenly  silent.  Many  had  their  small -arms, 
and  from  almost  every  eye  shot  angrj^  impatience. 
Though  without  leadership,  without  concert  of  action, 
the  heterogeneous  throng  seemed  possessed  of  a  com- 
mon purpose.  There  appeared  to  be  real  danger  that 
this  sense  of  burning  wrong  would  break  out  into 
excess,  that  the  peo})l(j  would  tak'3  possession  of  the 
building  and  hi     •  the  prisoners. 

Coleman  hastily  revolved  the  matter  in  his  mind 
and  determined  to  try  a  middle  course.  Next  to 
downright  villainy  he  hated  mob  violence.  He  re- 
spected the  law;  even  the  bloodless  skeleton  of  the 
law  lie  had  ever  regarded  as  preferable  to  anarchy. 
Was  it  not  possible  to  organize  a  court  of  the  people, 
■'<uh  colore  juris,  if  the  law  would;  if  not,  without  the 
sanction  of  the  law,  and  so  maintain  the  integrity 
both  of  the  law  and  of  the  people?    He  would  try  it. 


188 


THE  BURDUE-STUART  AFFAIR. 


Entering  the  building  and  making  liis  way  to  the 
front  balcony,  he  waited  his  opportunity,  and  just  as 
one  of  the  speakers  closed  an  urgent  appeal  to  the 
people  to  disperse,  go  home,  and  leave  everything  to 
the  officers,  he  swung  himself  well  out,  and  with  a 
wave  of  the  hand  cried,  ''No!  We  will  do  no  such 
thing!  The  people  here  have  no  confidence  in  your 
promises,  and  unfortunately  they  have  no  confidence 
in  the  execution  of  the  law  by  its  officers.  This  state 
of  affiiirs  has  gone  too  far.  Patience  has  fled.  I  pro- 
pose that  the  people  here  present  form  themselves 
into  a  court,  to  be  organized  within  this  building 
immediately;  that  the  prisoners  be  brought  before  it; 
that  the  testimony  be  taken,  counsel  on  each  side 
allotted;  that  the  trial  be  begun  by  twelve  o'clock, 
and  conducted  fairly,  dispassionately,  resolutely;  and 
if  the  prisoners  be  found  innocent  let  them  be  dis- 
charged, but  if  guilty  let  them  be  hanged  as  high  as 
Haman,  and  that  before  the  sun  goes  down!" 

For  an  instant  tliere  was  silence,  breathless,  almost 
painful;  the  street  was  waiting  for  the  next  word; 
but  it  was  only  for  an  instant.  Then  burst  forth  1(JU(  I 
and  long  applause,  which  brought  relief  The  clouds 
cleared  from  men's  faces.  The  words  had  been  spolcoii 
which  each  wished  to  speak.  In  the  abrasions  of  this 
impetuous  society  the  steel  had  struck  the  flint  and 
kindled  the  spark  wliich  should  liberate  its  smothered 
wrath.  From  a  thousand  tongues  the  shout  went  up, 
"Yes;  that's  it!"  "You  are  right!"  "That's  tlio 
leuied}'!"  Already  the  great  heart  of  that  tumultu- 
ous assembly  was  won;  now  to  the  quieting  of  it. 
"We  don't  want  a  mol)!"  continued  the  speaker; 
"We  W(m't  have  a  mob!  Let  us  organize  as  becomes 
men;  here;  now;  as  a  committee  of  citizens,  and  in- 
sist on  the  right.  All  is  ready;  the  witnesses  are  at 
hand;  let  not  justice  be  further  cheated." 

The  proposal  was  put  to  vote,  and  a  unanimous 
*ay'  was  the  answer.  Every  good  citizen  was  then 
invited  to  enter  the  building  who  could;  the  rest  were 


INFORMAL  COURT  ORGANIZATION. 


ISO 


to  stand  without  and  guard  affairs  witli  patient  quie- 
tude. Coleman  then  entered  the  inner  hall,  which  was 
used  as  a  court-room,  followed  hj  a  crowd.  Mounting 
a  chair,  he  asked  tliem  to  choose  from  among  their 
number  one  who  would  act  as  judge,  to  impanel 
twelve  jurymen,  and  select  counsel  for  the  prosecution 
and  for  the  defe'ice.  He  also  recommended  that  those 
without  should  organize  and  surround  the  buildina-, 
which  was  done.  J.  R.  Spence  was  appointed  judge, 
and  C.  L.  Ross  and  H.  R.  Bowie  associate  justices. 
Wm.  T.  Coleman  was  called  on  to  act  for  the  prose- 
cution, and  Hall  McAllister,  Calhoun  Benham,  and 
D.  D.  Shattuck  volunteered  their  services  for  the 
defence.  The  twelve  jurymen  were  sworn  in,  and 
after  a  short  adjournment,  about  half-past  two  all 
were  ready  and  the  trial  proceeded. 

Judge  Shepherd  entered  his  official  protest  against 
the  proceedings,  but  no  attention  was  paid  to  him. 
Coleman  opened  the  case  briefly  for  the  people  and 
was  followed  by  McAllister.  The  latter  asked  that  a 
iioUe  prosequi  should  be  entered,  and  remarked  that 
it  ill  became  men  to  trample  underfoot  the  high 
dignity  and  sacred  rights  of  that  law  the  blessings 
of  which  they  had  all  their  lives  enjoyed.  Cole- 
man replied  that  for  the  Roman  cede,  and  for  the 
law  as  executed  in  France  and  England,  and  for  the 
great  lights  of  the  law,  he  entertained  profound 
respect.  But  wdiile  the  world  from  time  immemorial 
has  had  its  just  ordinances  and  able  advocates,  un- 
f(n^tunately  there  have  always  been  parasites,  men 
who  are  nowadays  called  pettifoggers,  and  the}'  with 
the  unworthy  agents  of  law  had  unhappily  brouglit 
it  too  often  into  contempt,  had  thwarted  its  wise  and 
just  designs,  and  thereby  hazarded  the  lives  and  proji- 
erty  of  the  people.  It  was  not  laws,  but  the  criminal 
lireach  of  them,  that  he  complained  of;  for  the  vindi- 
cation of  the  law,  not  for  its  overthrow,  the  people 
were  there  gathered. 

Every  exertion  was  made  to  calm  the  passions  of 


100 


THE  BURDUE-STUART  AFFAIR. 


II  ' 

i 


the  multitude,  and  except  occasional  outbursts,  general 
good  order  and  quiet  prevailed.  The  prisoners  were 
kept  out  of  court  lest  their  presence  should  fan  the 
excitement.  Witnesses  were  examined  and  the  case 
submitted.  About  nine  o'clock  the  jury  retired,  and 
after  a  long  absence  returned  with  the  announcement 
that  they  could  not  agree. 

It  was  well  that  the  bleak  winds  and  fatigue  had 
chilled  the  impetuosity  of  the  morning,  and  that 
many  had  in  consequence  withdrawn  to  their  homes. 
Xevertheless  there  were  yet  remaining  those  who  for 
twelve  consecutive  hours  had  stood  massed  against 
that  building  waiting  to  see  what  this  new-fashioned 
tribunal  would  do,  and  whose  patience  now  gave 
way.  "Hang  them  anyhow!  '  they  shouted  when 
they  learned  the  result.  "They  deserve  it!"  But 
Coleman  said,  "No!  Though  I  feel  the  mortifica- 
tion and  chagrin  no  less  keenly  than  you,  and  though 
I  believe  these  men  guilt)%  there  must  be  no  violence. 
We  have  done  our  duty;  we  cannot  afibrd  to  make  a 
mistake;  our  judgment  is  not  superior  to  that  of 
others,  and  we  must  abide  the  decision."  The  jury 
was  discharged,  the  remainder  of  the  crowd  dis- 
persed, the  prisoners  were  left  with  the  county  officers, 
and  remanded  to  jail. 

During  the  Sunday  trial  W.  H.  Jones  testified  that 
he  saw  two  spots  of  blood  on  Stuart's  clothes,  one 
on  the  shoulder  and  one  on  the  elbow.  McGilbert 
recognized  Stuart  as  an  old  offender ;  he  had  seen  him 
at  Sacramento  and  elsewhere,  and  knew  him  to  be  a 
great  scoundrel.  James  A.  Glen  testified  that  the 
prisoner  was  once  arrested  at  Foster  Bar  for  stealing 
four  thousand  dollars,  and  that  he  narrowly  escaped 
hanging  by  the  people.  Mr  Jansen  was  again  asked  to 
say  whether  these  were  the  men  who  assaulted  him, 
and  he  answered,  more  positively  than  before,  that 
they  were ;  that  he  was  undecided  at  first,  but  now  he 
was  sure.     Many  more  bore  witness  on  the  one  side 


GEORGE  E.  SCHENCK. 


101 


and  on  the  other,  some  affirming  that  Stuart  was  a 
good  man,  and  was  somewhere  else  when  Janseu  was 
struck,  and  others  as  sure  that  he  was  a  notoriously 
bad  character,  and  was  at  or  near  the  spot  at  the  time. 

After  the  jury  had  retired  to  deliberate,  a  person 
appeared  before  the  court  who  wished,  to  testify  that 
Stuart  was  with  him  on  the  night  of  the  assault  from 
seven  till  eleven  o'clock,  but  it  was  decided  that  his 
evidence  should  not  go  to  the  jury. 

George  E.  Schenck  was  a  member  of  this  jury;  and 
in  a  lengthy  and  clearly  written  dictation  upon  the 
subject  he  tells  me  of  the  doubts  ho  entertained;  how 
Jansen  was  not  positive  as  to  the  identity  of  the  men, 
and  how  the  prisoners  were  not  present  at  the  trial, 
being  kept  in  the  marshal's  room,  on  the  second  lloor, 
under  the  cots  on  which  the  officers  slept,  and  there 
concealed  by  blankets  hanging  over  the  sides  of  the 
cots  to  the  floor.  Thence  during  that  same  night 
they  were  taken  elsewhere,  for  fear  of  the  multitude, 
and  secreted  for  several  days.  "Two  others  coincided 
with  me  in  regard  to  it,"  says  Mr  Schenck,  "and  we 
asfrced  to  bringf  in  a  verdict  that  we  could  not  ajjree. 
Tliere  were  nine  for  conviction  and  three  who  enter- 
tained doubts.  This  was  about  nine  o'clock  at  night. 
On  our  coming  into  the  court-room  and  announcing 
this  fact,  the  outside  crowd  broke  in  the  windows, 
rushed  in  at  the  door,  broke  up  the  railing  round  the 
bar,  and  were  about  to  make  an  attack  on  the  jury, 
when  the  jurors  drew  their  revolvers,  and  rushing 
back  into  the  jury-room  there  remained  until  the  ex- 
citement had  somewhat  abated." 

There  were  several  impromptu  meetings  in  various 
parts  of  the  city  on  this  Sunday.  On  Montgomery 
street  a  red-faced,  shock-headed  judge  was  holding 
forth  to  a  knot  of  listeners,  and  denouncing  in  strong 
terms  the  lawless  proceedings  of  the  day.  "Law! 
law!  talk  of  law!"  exclaimed  the  deriding  crowd. 
"We  get  heaps  of  law,  but  little  justice.  All  that 
law  in  California  seems  to  be  good  for  is  to  empty 


THE  BUK  DUE-STUART  AFFAIR. 


n 


I  t 


i' 


money  from  the  pockets  of  the  people  into  the  pockets 

f  the  judges."    Then  came  hootings.    "Water  lots!" 

lied  one;  "Colton  jxrants!"   "Straw  bail!"   "Boiled 


i'» 


eggs  for  the  lawyers  and  acorns  for  the  peopl 
shouted  others.  And  when  a  stronjLf  clear  voice  rang 
out,  "Tar  and  feather  the  old  fellow!"  and  the  judge 
saw  in  the  many  eyes  directed  toward  him  a  new  and 
not  .i-ssurinc:  lisxht,  he  thousfht  it  best  for  him  to  mi 
while  he  could.     So  he  moved  alonij. 

As  John  Wilson,  who  testified  to  an  alibi  on  behalf 
of  Wildred,  was  passing  down  Long  Wharf  on  Sun- 
day, he  was  recognized  l>y  the  populace,  who  raised  a 
cry  against  him.  "There  goes  one  of  'em!"  they 
shouted.  "Stop  the  perjurer!"  "Duck  him!"  "Throw 
him  off"  the  dock!"  Frightened  half  out  of  his  wits, 
he  made  good  use  of  the  remainder,  for  clearing  the 
crowd  at  a  bound  or  two, the  fellow  ran  like  a  deer  uj> 
Commercial  street  to  Montgomery  street,  where  turn- 
ing the  corner  he  darted  into  a  store,  slammed  the  door 
after  him,  shot  out  through  the  back  way,  and  hid 
himself  under  a  pile  of  empty  cases,  thus  eluding  his 
pursuers. 

Charles  Duane,  who  was  at  the  time  on  trial  before 
the  recorder  for  shooting  one  Amade,  was  surren- 
dered by  his  bail  and  committed  to  prison.  The  fact 
was,  Duane  could  sleep  better  under  the  guardianship 
of  the  law  than  when  left  exposed  to  the  fury  of  the 
mob.  Whenever  the  people  became  excited  the  jorison 
was  the  murderer's  haven  of  rest;  then  the  law  was 
his  best  friend. 

The  people  plumed  themselves  on  their  good  be- 
havior. Sa3'S  the  Daily  Balance  of  Monday  morning : 
"For  two  days  the  lives  of  two  human  beings,  the 
majesty  of  the  laws,  and  the  peace  and  character  of 
our  city,  have  hung  on  the  will  of  an  illegal  assem- 
lilage  of  the  people.  Yet,  thanks  to  the  good  sense, 
the  love  of  justice,  and  the  habit  of  self-government 
which  characterize  our  American  community  wherever 
it  has  not  been  subjected  to  the  deteriorating  influ- 


POPULAR  OPINION. 


103 


cncca  of  great  cities,  they  have  passed  through  tlio 
crisis  uniiarmed.  It  is  a  most  consoling  and  <rrati- 
fying  result,  which  every  lover  of  his  country  and 
of  his  kind  must  regard  with  satisfaction  and  with 
thankfulness."  "It  was  one  of  the  most  impressive 
demonstrations  of  the  power  and  majesty  of  the 
])eople  we  ever  looked  upon,"  says  the  editor  of  the 
Pactjic  Ncirs,  writing  Monday  morning.  "As  yet  no 
murderer  has  been  punished  under  our  laws.  Here- 
after no  criminal  can  go  free  except  at  the  risk  of 
anarchy,  from  which  we  have  escaped  only  by  a  for- 
bearance on  the  part  of  the  people  beyond  all  praise. " 
"In  no  city  in  the  workl,  perhaps,  save  this,"  wrote 
the  editor  of  the  California  Courier  on  Tuesday,  the 
'ioth,  "could  a  community  be  excited  and  aroused  so 
violently  without  committing  some  excesses;  yet  our 
people  throughout  Saturday  and  Sunday  committed 
no  breach  of  the  peace  whatever.  The  feeling  and 
interest  manifested  arose  from  an  intelligent  and 
deep-seated  conviction  that  these  men  were  two  of  an 
organized  gang  of  desperadoes  o"d  villains  who  have 
been  at  all  hours  of  the  day  and  night  committing 
outrages  upon  the  lives  and  property  of  our  citizens. 
Also  because  it  was  believed  they  would  be  sworn 
through  the  courts  by  their  confederates.  Our 
people,  under  the  circumstances,  have  shown  great 
forbearance,  moderation,  and  respect  for  the  laws. 
They  have  now,  however,  made  up  their  minds  that 
there  shall  be  no  more  straw  bail  taken,  and  no  more 
false  swearing:  from  suborned  witnesses  to  shield  and 
protect  the  guilty  in  their  outrages." 

One  of  a  thousand  similar  speeches  made  on  the 
Sunday  of  the  trial  is  given  by  the  Erenincj  Picayane 
of  Monday:  "While  mingling  with  the  crowd  before 
the  City  Hall  yesterday  afternoon,  a  tall,  gaunt  indi- 
vidual, with  black  eyes  and  an  abundance  of  hair,  broke 
out  indignantly  after  this  fashion:  'Cuss  me,  what  a 
country  this  hero  is  for  regulating  things  1  Where  I 
come  from  those  chaps  in  thar  would  have  swung  long 

Por.  Tniu.,  Vol.  I.    13 


104 


THE  nURDUE  STUART  AFFAIR. 


ajjj'o,  ami  no  8peochifyin<jf  and  liunilmtjfGfinjjf  tliouiL,^Iit 
of.  Hero  I  was  somo  two  or  throe  hours  yesteiday, 
and  nothiii'  done.  Well,  I  come  here  aceordin'  to  a|)- 
])intn»C'nt  at  nine  o'clock  this  niornin',  to  see  the 
thinfjf  done  all  on  the  square,  and  here  it  is  nearly  sun- 
down and  nothin'  done  yt;t!  Cuss  nie,  I  have  helped 
swing  nine  redskins  and  three  ^lexicans  in  one  fore- 
noon, and  no  damn  fuss  made  about  it  by  any  one. 
Cuss  me,  but  I'm  clean  sick  of  this  countiy,  where 
they  let  cussed  red  devils  and  white  wolves  run 
over  them  without  so  much  as  slippinfj  the  wind 
of  one  of  them  when  he's  caught!  It's  a  weak 
country — an  unnat'ral  place,  and  fit  only  for  greasers  I' 
As  he  concluded  speaking,  his  small  black  eyes  glanced 
contemptuously  about  him  for  a  moment,  when  he 
elbowed  his  way  out  of  the  throng." 

Thus  the  people's  tribunal  failed  to  convict  these 
men,  and  left  them  to  the  officers  of  the  law.  Wil- 
dred,with  seven  others,  broke  jail  and  escaped.  Stuart 
was  tried  by  the  district  court,  found  guilty,  and 
sentenced  to  fourteen  years'  imprisonment.  All  the 
money  in  his  possession  was  taken  from  him  and  given 
to  Jansen. 


•I  I 


Before  the  sentence  of  the  court  was  executed, 
however,  Stuart  was  taken  to  Mary svi lie  and  there 
arraigned  for  the  murder  of  Moore,  the  sheriff.  At 
this  trial  the  testimony  as  to  Stuart's  identity  was 
conflictincj.  There  was  no  doubt  as  to  Jim  Stuart 
being  the  murderer  of  jMoore,  but  while  n  any  wit- 
nesses for  the  prosecutic  i  positively  identified  the 
prisoner  by  a  dozen  pr  >iinent  features,  yet  there 
were  others  who  as  posi  'ely  asserted  that  he  was 
not  the  man. 

I  herewith  give  what  o  i  of  the  attorneys  in  the 
case  at  Marysville  says  al  >ut  it: 

"Witnesses  for  the  prosecution  were  generally  bold  and  entirely  positive; 
but  the  witnesses  for  the  prisoner,  with  the  exception  of  .ludge  Stidger  .and 
B.  F.  Washington,  appeared  to  feel  uneasy,  and  often  hesitated  m  their  tcsti- 


THE  attouni:y'.s  iii:maui;s. 


XfA 


mony.  Somo  thrco  or  four  witnoiiscM  tnHtitii-il  that  tlu-y  lin'l  workoil  with  .Tim 
Stiiurt.  lit  FdHttT  iSiir,  iiixl  iuiil  Itiiowii  iiini  w.ll  iH^fiirc  Im  went  tlu'ir.  Tht-y 
IiimI  catc'ii  witli  iiiiii  lit  tlu*  Hiiint'  tiiiic  often,  and  Imd  playt'il  viwiU  witli  liiin ; 
iiml  one  or  two  tentilied  tliey  had  Hlei)t  witli  him.  'I'liey  teMtilied  that  Jim 
Stiiurt  wufl  of  thu  Hunio  iiei^iit  uh  tiio  prisoner;  tiiat  lie  liad  eurly  iiiiir,  like 
hint;  that  he  wutt  Hlightly  Imld  on  the  top  of  the  head,  like  him;  that  hiit 
actioiiH  were  like  Inn  —the  court  havin{^  made  tlie  prisoner  Htiind  up  neveral 
timuH  HO  that  the  witnesseH  coiihl  Hce  him  Ixtter  than  when  sittinj,';  that  liis 
voice  and  accent  were  the  Hiimo,  iK'inn  KngliMh ;  that  the  color  of  the  eyes  and 
hair  were  the  same ;  and  tliat  Jim  Stuart  had  a  Htitl'  middle  finger  on  the  ri;^ht 
hand,  and  n  ring  of  Indian-ink  rouml  one  of  his  tingers,and  marks  of  Indian-ink 
lietwecn  each  thund>and  forellnger;  and  further,  that  Jim  Stuart  had  a  rather 
long  Hear  on  his  right  chei^k.  'J'iio  jury  then  examined  tlie  hands  of  tiie  i>ri«- 
oiier,  ami  there  was  found  a  ring  of  Ind<an-ink  on  one  of  his  fingers,  several 
ligures  or  spots  of  the  siinio  ink  between  the  tliumli  and  forefinger  of  eacli 
hand;  and  the  right  middle  linger  was  notstifl',  hut  had  had  a  felon  under  tlie 
nail  of  the  correspomling  finger  o''  the  other  liaiu'.,  >v'liicli  hatl  given  it  a  sliort 
but  stubby  appeurajice,  lieavier  at  the  end  than  elsewhere,  the  nail  of  tlie 
linger  being  broad  ami  thick,  and  lieiiding  inward  over  the  end  of  the  finger. 
Tliis  was  startling  to  the  defence,  indeed.  It  remained  now  to  Hee  if  the 
I)risoncr  had  a  scar  on  thu  right  side  of  the  face.  Plis  face  could  nut  be  satis- 
factorily examined,  as  it  was  alniost  completely  covered  with  a  short  growtii 
of  hair.  The  court  ordered  the  pri.ioner  to  be  sliaved  before  being  brought 
into  court  next  morning,  and  on  lieiiig  examined  a  scar  about  the  length  of 
the  one  described  by  tlie  witnesses  was  found,  commencing  on  tlio  edge  of  the 
jaw  on  the  right  side  ond  running  down  the  neck.  The  witnesses  now  seemed 
coiilident,  an<l  said  that  tliey  had  no  doubt  that  the  prisoner  was  Jim  Stuart. 
(Ju  a  cross-examination  they  said,  in  a  positive  and  unhesitating  manner,  that 
it  was  not  possible  that  they  could  be  mistaken  in  their  opinion  that  tlie 
piisoiier  was  Jim  Stuart.  Colonel  Prentiss  swore  positively  that  the  prisDiier 
was  Jim  Stuart,  and  that  he  could  not  possibly  be  mistaken.  Some  four  or 
five  witnesses  swore  positively  as  to  the  identity  of  the  prisoner,  and  that  he 
was  Jim  Stuart  l)oyoud  a  question;  each  giving  some  one  or  more  new  rcasou.s 
for  his  belief.  No  witness  on  the  side  of  the  prosecution  would  admit  a  proba- 
bility that  lie  could  bo  mistaken  in  the  prisoner;  that  he  certainly  was  .Jim 
Stuart!  On  the  side  of  the  defence,  Ju<lge  Stidger  swore  positively  that  tiio 
prisoner  at  the  bar  wiw  not  Jiiu  Stuart ;  that  there  was  a  strong  rcscmbbince 
between  Jim  Stuart  and  this  man,  but  that  Jim  Stuart  was  at  least  two  inches 
t'lller  than  the  prisoner;  that  their  eyes  were  <litferent  in  color;  that  the  ex- 
l>rc.ssion  of  the  eyes  of  the  two  men  was  diH'erent;  tliat  Jim  Stuart  was  mucii 
iiuicker  in  his  motions  than  the  prisoner ;  Lnat  Jim  Stuart's  motions  were  vci-y 
uncommon,  being  as  quick  as  those  of  a  wildcat;  that  he  had  always  head 
erect,  much  more  so  than  the  prisoner,  and  that  the  real  Jim  Stuart  wan 
straighter  in  his  personal  formation,  and  had  a  different  complexion.  Tiiis 
witness  testified  that  Jim  Stuart  was  often  arraigned  before  him  as  a  judge  at 
]''oster  Bar,  and  that  his  recollection  of  him  from  this  and  other  facts  was 
clear  and  distinct.  Stidger  also  testified  that  Jim  Stuart  had  a  stiff'  middle 
linger,  but  uot  such  a  one  as  the  prisoner  had.    B.  F.  Washington,  who  waa 


193 


THE  BURDUE-STUART  AFFAIR. 


I  !; 


at  the  time  recorder  of  Sacramento  City,  testified  that  he  knev  Jim  .Stuart 
from  the  fact  of  his  bemg  a  notorious  character  in  that  city,  and  from  the 
fact  that  he  had  often  been  brought  before  him  on  different  charges.  Mr 
Washington  said  that  the  prisoner  at  the  bar  was  not  Jim  Stuart ;  that  there 
■was  some  resemblance,  but  they  were  to  his  eye  quite  different  men;  that 
Jim  Stuart  was  an  inch  and  a  half  or  two  inches  taller  tlian  the  prisoner. 
Otlier  witnesses  for  the  defence  testified  to  about  the  same  facts,  but  they 
seemed  to  be  uneasy,  in  some  trepidation,  and  acted  in  a  manner  most  pro- 
^'oking  to  the  defence.  One  witness  on  belialf  of  tlie  prosecution,  a  Mr 
Thompson,  testified  that  the  prisoner,  about  the  date  of  the  alleged  murder, 
came  into  a  camp  on  Slate  Range,  in  said  county  of  Yuba,  on  horseback,  and 
seemed  to  have  plenty  of  money,  and  was  betting  with  the  boys  on  a  string- 
game  which  he  played  very  skilfully.  That  he  had  a  conversation  with  the 
prisoner  in  the  jail,  and  that  the  prisoner  admitted  that  he  was  at  Slate  Range 
at  the  time  mentioned,  but  denied  that  he  was  Jim  Stuart. " 

From  the  report  f  the  trial  at  Marysville  we  are 
informed  that  when  the  case  was  committed  to  the 
jury,  eight  were  for  conviction  and  four  for  acquittal, 
l^^inally  the  jury,  after  deliberating  two  days  and  one 
night,  agreed  on  a  verdict  of  guilty.  While  the 
verdict  was  being  announced  the  prisoner  did  not 
manifest  the  least  trepidation  or  excitement.  An  eye- 
witness says :  "  I  could  not  notice  the  least  change  of 
a  muscle  in  his  face,  and  I  must  say  that  the  appear- 
ance of  his  face  was  far  from  being  that  of  a  hardened 
villain  listening  to  the  fiat  deciding  his  fate,  for  his 
countenance  was  mild,  calm,  and  serene." 

When  his  counsel  visited  the  unfortunate  man  in 
his  cell  two  hours  afterward,  he  clenched  his  hands, 
and  raising  them  toward  heaven  reiterated  his  solemn 
protestation  of  innocence.  He  further  said  that  if  he 
should  be  offered  a  million  of  dollars  and  bis  liberty 
he  could  not  tell  where  Mr  Jansen's  store  was  in  San 
Francisco.  He  spoke  of  his  narrow  escape  from  hang- 
ing at  his  previous  trial;  his  friends  were  afraid  to 
stand  by  him,  as  their  allegiance  would  subject  them 
to  abuse  and  maltreatment  as  men  of  Sydney.  Aban- 
doned by  his  comrades,  cursed  and  hated  by  those  who 
believed  him  a  criminal,  life  was  no  longer  endurable, 
and  he  was  willing  to  die.  His  only  request  was  that 
letters  shoulc.  be  written  to  his  poor  wife  in  Sydney 


BURDUE'S  LETTER. 


107 


and  his  father  in  England,  informing  them  of  his  ill- 
fate  and  of  his  innocence. 

The  following  letter,  given  verbatim,  written  im- 
mediately after  his  trial  at  Marj-sville,  and  while 
under  condemnation  of  death,  displays  more  vividly 
than  can  any  words  of  mine  this  strange  freak  of 
justice: 

Marysville  Jail,  July  4,  ISol. 
To  John  Goff—'D'RXR  Sir:  I  have  had  a  trial  which  lasted  five  or  six  days, 
and  the  jury  was  twenty-four  hours  in  deciding  my  fate;  and  had  they  not 
had  a  prejudice  against  the  country  I  came  from  it  might  have  turned  out 
dilFerent,  but  as  it  was  they  found  mc  guilty,  and  my  sentence  is  death.     The 
law  allows  me  thirty  days  before  the  execution  is  put  into  efiect.     I  forgot  to 
say,  though  I  was  found  guilty,  the  jury  re-marked  that  they  had  doubts  upon 
their  minds;  but  the  judge  said  that  this  doubt  would  assist  me  very  little. 
I  had  more  evidence  in  favor  than  against;  in  fact  I  had  the  judges  from 
Sacramento,  who  tried  tliis  said  Stuart  several  times,  also  the  policeman  wlio 
took  Stuart  into  custody;  they  V)oth  swore  positively  that  I  was  not  Stuart. 
And  beside  these  men,  T  had  from  lifteen  to  twenty  more  who  knew  Stuart 
well,  and  they  also  swore  positively  that  I  was  not  Stuart;  and  moreover  all 
of  these  persons  were  strangers  to  me.     The  evidence  here  went  to  show  and 
prove  that  Stuart  was  two  and  a  Iialf  inches  taller  than  me.  The  policeman  who 
first  took  me  in  charge  for  Stuart  never  appeared  against  me.     Had  1  of  liad 
Mrs  Strytum,  the  landlord  of  the  house  I  kept,  and  Mrs  Morris,  and  yourself, 
it  might  have  turned  the  case  in  my  favor,  as  this  nmrder  was  perpetrated  on 
the  7th  of  December,  and  you  are  well  aware  that  I  was  in  San  Francisco  a 
long  time  before  and  a  long  time  aft^r.    I  have  since  been  informed  that 
no  matter  what  evidence  I  have,  the  prejudice  is  so  great  against  the  people 
that  come  from  Sydney  that  Lud  I  of  had  these  witnesses  I  have  named  it 
would  of  been  no  use.     Mrs  Eliott  was  hoie  to  prov ^  that  I  came  in  the  same 
ship  with  her  from  Sydney,  and  it  so  happened  that  there  was  a  witness  also 
here  to  prove  that  this  same  Stuart  came  in  steam-vessel  from  Panama  with 
him,  in  same  month  as  I  came  from  ■"-  ydney.    He  also  swore  to  Stuart's  height, 
as  being  much  taller.     There  was  several  parties  from    Foster  Bar,  who 
arrested  Stuart  for  a  robbery  he  Jid  there;  they  also  swore  I  was  not  Stuart, 
but  all  of  no  use;  and  one  of  these  persons  wivs  the  judge  who  tried  Stuart  on 
Foster  IJar  twice,  and  worked  in  the  same  company.     Fletcher  and  Benson 
I  got  subpoenas  for.  but  they  cou'd  not  bo  found.    Henry  Davies  called  upon 
mo,  and  promised  to  stay  to  my  trial,  but  on  account  of  its  being  put  off  for 
a  few  days  he  left  and  I  have  not  seen  him  since.     Understand  me,  I  don't 
mean  to  say  that  I  had  no  evidence  against  me,  because  I  had  many  that 
swore  I  was  Stuart;  but  most  or  all  of  these  persons  only  knew  Stuart  sligh  tly, 
where  tliose  that  swore  I  was  not  liim,  all  said  they  knew  him  wpII.     I  ha\'e 
no  more  to  say  at  present  touching  the  case.     I  nmst  now  ask  you  as  a  very 
great  favor  to  come  up  and  see  me  as  soon  i.s  possible,  as  I  cannot  say  liow 
soon  I  may  be  launched  into  eternity,  innocent.     When  you  come  up,  please 


108 


THE  BURDUE-STUART  AFFAIR. 


ill 


iii 


bring  any  letters  you  may  have  for  me.  My  dear  Sir,  when  I  ask  you  this 
favor,  I  ask  you  not  to  delay,  as  it  will  be  the  last  time  you  will  be  able  to 
see  mc,  and  for  God's  sake,  and  the  respect  you  have  for  me,  don't  fail,  as  I 
have  a  deal  to  say  respecting  my  poor  wife  and  friends  1  have  left  behind. 

I  can  assure  you  it  is  vei-y  hard  to  be  placed  in  this  position,  but  at  the 
same  time  I  keep  up  my  spirits  as  well  as  I  can.  I  now  say  agaui,  in  the 
name  of  God  do  not  neglect  me,  but  if  possible  come  up  as  soon  as  you  re- 
ceive this. 

Give  my  respects  to  all  my  friends  in  San  Francisco,  and  receive  the  same 
yourself,  from 

Yours  truly,  but  very  unfortunate, 

TlIOS.    BtTRDUE. 

P.  S. — I  have  not  forgot  the  day  I  entered  your  house  after  being  at  the 
mines  for  five  months  working  hard,  and  dirty  as  miners  are,  and  your  boy 
John,  which  is  only  three  or  four  years,  should  recognize  me. 

Hear  now  the  sequel,  and  note  the  moral.  Just 
before  the  day  arrived  on  which  lie  was  to  have  been 
sentenced,  it  was  ascertained  that  this  Stuart  was  not 
Stuart  at  all.  He  over  whom  all  this  temper  had 
been  spent  was  Thomas  Burdue,  an  innocent  manl 
He  had  never  committed  murder,  had  never  assaulted 
Jansen,  and  every  word  of  the  story  he  had  told  on 
his  arrest  was  true! 

These  facts  were  ascertained  by  the  men  who  ere 
this  had  formed  themselves  at  San  Francisco  into  a 
Committee  of  Vigilance,  as  we  shall  presently  see,  and 
who  rescued  the  unfortunate  man  from  a  felon's  death 
on  the  eve  of  execution  by  the  arrest  of  the  true 
Stuart,  to  whom  Burdue  bore  a  striking  resemblance. 
His  likeness  in  form  and  feature  to  a  villain  was  to 
him  a  Nessus  shirt  of  misfortune. 

Says  the  attorney  before  quoted,  on  seeing  the  real 
Stuart  subsequently  at  the  rooms  of  the  San  Fran- 
cisco Vigilance  Committee:  "If  ever  I  saw  a  stronger 
resemblance  between  two  men  in  my  life,l  do  not  recol- 
lect it.  But  I  soon  noticed  the  distinctive  differences, 
so  minutely  described  in  the  testimony  of  Stidger  and 
Washington.  The  real  Jim  Stuart  who  stood  before 
me  was  at  least  two  inches  higher  than  the  prisoner 
in  Yuba  county.  The  middle  finger  was  the  same  as 
has  been  stated  by  witnesses,  quite  stiff,  and  his  hands 


SINGULAR  CIRCUMSTANCES. 


190 


much  longer  and  more  aristocratically  shaped  than 
the  hands  of  the  other.  His  actions  were  exactly 
those  that  Stidger  had  described,  and  at  the  least 
motion  of  any  one  present,  his  eyes,  head,  or  body 
would  move  with  the  rapidity  of  lightning!" 

Imagine  tbo  feelings  of  this  man  under  his  strange 
and  varied  experiences;  lying  incarcerated  through 
months  of  long  nights  and  wearisome  days,  pondering 
on  the  present  and  wondering  what  would  come 
next;  sitting  in  the  prisoners'  dock  listening  to  those 
who,  one  after  another,  came  forward  and  fastened  on 
him  crimes  from  the  bare  mention  of  which  his  soul 
shrank,  until  he  began  to  question  his  own  sanity  and 
identity.  Now  he  lay  chained  in  a  dungeon;  now, 
under  the  grim  shadow  of  justice,  surrounded  by  eyes 
staring  curses  on  him,  ho  listened  to  evidence  and 
arguments  no  more  appliciible  to  him  than  to  the 
judge  himself;  and  now  he  found  himself  the  centre 
of  an  infuriated  populace,  eager  to  shoot,  hang,  or  with 
their  fingers  to  tear  him  in  pieces,  when,  if  they  but 
kne'w  the  simple  truth,  they  would  sooner  point  their 
weapons  against  their  own  breast.  The  jaundiced  eye 
sees  all  things  yellow.  While  the  prisoner  was  on 
trial,  and  strong  evidence  was  brought  against  him, 
the  people  saw  guilt  stamped  on  his  face;  when  he 
was  proved  innocent,  the  face  shone  in  open  honesty. 

Immediately  the  Committee  of  Vigilance  had  found 
the  true  James  Stuart,  and  had  rescued  from  the  jaws 
of  death  the  man  who  been  taken  for  him,  Thomas 
Burdue  was  brought  to  San  Francisco,  and  the  amplest 
amends  possible  were  made  liim.  He  was  pardoned  by 
the  governor  for  crimes  which  he  liad  never  connnitted. 
Mr  Jansen  not  only  refunded  the  money  taken  from 
him,  but  supplemented  it  by  a  hberal  addition.  A  ]uib- 
lio  subscription  was  started,  wliich  resulted  in  substan- 
tial aid.  Thus  Thomas  Burdue  became  a  hero,  and 
was  lifted  up — but  not  so  high  as  the  scaffold. 

Before  the  legislature  of  1853  a  memorial  was  pre- 
sented on  behalf  of  Thomas  Burdue,  asking  for  four 


200 


THE  BURDUE-STUART  AFFAIR. 


1' 
I 


\  Sr> 


i    1! 


( 


thousand  dollars,  in  view  of  the  suffering  and  igno- 
minies of  a  nine  months'  unj  ust  imprisonment.  Besides 
contractiniif  disease  and  underjjoinof  the  horrors  of  the 
death  sentence  for  another's  crime,  his  entire  means 
and  all  he  could  borrow  from  his  friends,  amounting 
to  nearly  the  sum  asked,  had  been  expended  in  pro- 
curing necessary  counsel  and  witnesses,  in  consequence 
of  which  his  wife  and  children  were  reduced  to  beg- 
gary. The  memorial  was  referred  to  the  judiciary 
committee,  of  which  J.  W.  Ralston  was  chairman. 
The  following  lucid  and  logical  reply  was  made:  "To 
grant  the  prayer  of  the  petitioner  would  establish  a 
precedent  which,  if  carried  out  in  all  cases  of  the  kind, 
would  more  than  exhaust  the  entire  revenue  of  the 
state.  We  know  of  no  legislative  precedent  for  such 
appropriation.  The  most  that  has  been  done  was  to 
refund  fines  illegally  collected  from  innocent  parties, 
leaving  them  responsible  for  their  own  expenses.  In 
society  it  too  often  happens  that  the  innocent  are 
wrongfully  accused  of  crime.  This  is  their  misfor- 
tune, and  government  has  no  power  to  relieve  them. 
It  is  a  part  of  the  price  each  individual  may  be  called 
on  to  pay  for  the  protection  which  the  laws  give.  He 
should  rejoice  that  the  laws  have  afforded  that  pro- 
tection to  him  when  wrongfully  accused,  rather  than 
seek  remuneration  for  his  expenses  from  the  govern- 
ment whose  justice  has  protected  him  from  igno- 
minious death."  That  is  to  say,  stripped  of  verbiage. 
To  correct  the  errors  of  law  would  cost  more  than 
all  the  expenses  of  government  combined.  We  have 
never  known  a  legislature  to  right  a  wrong  done  by 
the  law  to  a  citizen,  therefore  we  will  not.  Prosecu- 
tion may  be  the  price  of  protection;  and  fortunate  is 
lie  who  is  not  done  to  death  by  laws  established  to 
save  his  life! 


CHAPTER  XIII. 


Icu- 


ORGANIZATION  OF  THE  SAN  FRANCISCO  COMMITTEE  OP 
VIGILANCE  OF  1851. 

Tho  gods 
Grow  angry  with  your  juitience ;  'tia  their  care, 
And  must  be  youi-a,  that  guilty  men  escape  not: 
As  crimes  do  grow,  justice  should  rouse  itself. 

Ben  Jonson. 

Crime  was  emboldened  rather  than  intimidated  by 
recent  affairs.  While  the  Burdue  trial  was  in  j^rog- 
ress,  the  drug-store  of  Bache  and  Grotjan,  corner 
of  Washington  street  and  Portsmouth  Square,  wa^ 
entered  and  robbed;  a  murder  was  committed  at  El 
Rincon;  on  Prospect  Hill  a  woman  was  robbed  of 
live  hundred  dollars  and  two  gold  chains.  Two  men 
making  their  round  of  pillage  were  caught  with 
articles  taken  from  the  stores  of  Kettell,  Mahony, 
and  Company,  and  Middleton  and  Hood ;  one  of  them 
was  severely  punished  by  the  people  and  tho  other 
escaped.  At  the  time  and  thereafter,  both  in  the  city 
and  country,  slung -shots,  knives,  and  pistols  were 
employed  more  liberally  than  ever. 

Rascality  assumed  the  heroic.  Aside  from  the 
seductive  charm  of  illicit  gain  was  it  not  a  grand 
thing  to  be  the  central  figure  of  such  an  assemblage  as 
that  of  the  before-mentioned  Sunday  in  February? 
For  less  than  this  men  toil  in  their  life-long  wearisome 
ascent,  demagogues  weave  their  web  of  state-craft, 
and  soldiers  fight  their  battles.  When  men  are  so 
eager  by  hook  or  crook  to  attract  the  notice  of  the 
world,  may  not  the  chivalrous  and  accomplished  villain 
achieve  renown  after  his  own  fashion? 

(201) 


202 


COMMITTEE  OF  VIGILANCE  OF  1851. 


i 


After  all,  the  difference  between  war-butcheries 
and  highway-butcheries  is  more  ideal  than  real.  War 
is  the  standing  irony  of  humane  justice  Poets  call 
this  bloody  display  of  passion  lovelier  than  love,  wiser 
than  .v'sdom,  holier  than  religion.  So  burns  in  their 
heart  the  ilr-^  of  patriotism  that  for  opinion's  sake 
they  lay  their  countr*y  in  ashes,  and  for  the  love  of 
truth  resort  to  killin^j.  Wlitt  is  truth?  May  men 
kill  for  pride  and  vain-glory  ai\d  not  for  bread?  To 
fight  for  opinion  and  call  it  fighting  for  truth;  to  war 
against  infallibility  while  clr. lining  to  be  infallible; 
striinge  infatuation!  As  though  immutable  truth, 
which  is  as  firm  as  the  Creator's  throne,  should  need 
the  puny  oflibrts  of  man  to  establish  it,  and  that  the 
killing  of  one  another  shovdd  so  establish  it!  Verily 
there  have  been  in  the  fermentations  of  peoples  more 
anomalous  absurdities,  more  reasonless  killings,  than 
would  be  the  achievements  of  villainy  for  fame ! 

Happily  for  individuals  society  puts  the  veto  on 
private  slaughter ;  happy  will  it  be  for  mankind  when 
nations  eschew  killing;  happy  will  it  be  for  morals 
when  no  longer  single  murders  alone  are  infamous, 
and  only  wholesale  slaughter  honorable.  Here  in 
California  at  this  time  was  work  enough  to  do  at  all 
events,  and  that  in  the  direction  pointed  out  by  co.- 
science  fashioned  by  custom.  Hundreds  of  murderers 
M'alked  from  their  victims  unmolested,  escaped  to  new 
killing.  What  then?  Shall  these  go  unpunished? 
Does  not  the  bird  Hameh,  formed  in  Arabian  my- 
thology from  the  brain-blood  of  the  slaughtered  victim, 
cry  Iskoonc!  give  me  to  drink  vengeance!  and  so 
pursue  the  guilty  to  the  end  of  his  career? 

Following  the  excitement  attending  the  Jansen 
outrage,  as  I  have  said,  matters  became  rapidly  worse 
and  worse.  Nothing  so  stimulates  wrong -doing  as 
attempting  punishment  and  failing.  In  the  war  of 
good  against  evil  defeat  is  fatal.  One  villainous  suc- 
cess draws  into  its  trail  a  hundred  new  recruits.    For 


IXCREASE  OF  CRIJIE. 


203 


a  year  previous  to  midsummer,  1851,  again  and  again 
the  public  press  called  on  the  people  to  unite  and 
hang  the  criminals.  Round  the  sand-hills  and  in  the 
hollows,  as  from  the  circling  hell  of  Dante,  there 
seemed  to  rise  a  silent  wail  of  woe.  The  stench  of 
natures  maledict,  as  from  the  tomb  of  misfortune, 
floated  over  the  sand-waste  and  filled  to  suffocation 
the  nostrils  of  plodding  virtue. 

Robberies  and  rascalities  of  every  kind  were  of  daily 
occurrence ;  quiet  citizens  were  knocked  down  in  going 
to  and  from  their  business,  and  it  was  unsafe  for  one 
to  trust  one's  self  out  after  dark  without  a  cocked 
pistol  in  the  hand.  The  criminal  catalogue  of  a  week's 
or  a  month's  duration  would  be  startling.  On  the  3d 
of  June  occurred  the  Benjamin  Lewis  affair  before 
mentioned.  Twice  his  indictment  by  the  grand  jury 
was  quashed  by  Judge  Parsons  on  some  technical 
ground,  and  the  prisoner  held  for  another  future 
spasm  of  justice.  The  same  night  a  jewelry  store  on 
Clay  street  was  feloniously  entered;  also  the  shop  of 
]Mr  Robbins,  on  Broadway,  near  Powell  street.  The 
building  on  the  south-west  corner  of  Kearny  and 
California  streets  was  fired  the  5th,  but  the  flames 
were  extinguislie«l  before  spreading.  Sunday  night, 
the  8tli  of  June,  the  California-street  wharf  was  fired. 
At  the  Blue  Devil  saloon  on  Jackson  street  there 
was  a  beautiful  stabbing  affray  the  9th.  The  same 
nisjht  the  house  of  the  Reverend  Prevaux  was  en- 
tered.  Unhallowed  meanness  1  Twenty  culprits  on  an 
average  now  graced  the  recorder's  levee  every  morning. 
The  12th  of  June  Charles  Hudson  was  knocked  down 
and  robbed  of  five  hundred  and  twenty  dollars  in  Cab 
alley.  Saturday,  the  14th,  one  Whitzcr  was  stabbed 
by  Albert  C.  Burnoy  at  a  dance-house  on  Pacific 
street,  near  Dupont.  Next  day,  Sunday,  the  cry 
of  murder  was  raised  on  Virginia  street,  and  Mr 
and  Mrs  Yates  were  taken  in  charge  in  consequence. 
At  a  place  then  rejoicing  in  the  strongly  suggestive 
name  of  Hog  Valley  a  man  was  knocked  senseless 


2D4 


COMMITTEE  OF  VIGILANCE  OF  1851. 


If' 


li  'i 


:i4 


and  robbed  on  tlie  1 7th.  A  fire,  the  supposed  work 
of  an  incendiary,  was  discovered  on  the  18th  under 
a  building  in  the  rear  of  Jones'  Hotel. 

The  22d  of  June  occurred  the  seventh  great  con- 
flagration, involving  the  loss  of  six  lives  and  about 
two  millions  ol  property.  Nearly  one  fourth  of  th(^ 
city  was  laid  in  ashes.  After  careful  investigation  the 
people  were  satisfied  that  it  was  the  work  of  an  in- 
cendiary. The  fire  originated  in  the  dwelling  of  !Mr 
Delessert.  At  the  time  there  was  neither  fire  nor 
servant  in  the  house.  The  people  were  out  in  fall 
force,  fighting  the  flames  and  guarding  property. 
While  the  flames  were  raging,  the  burglary  of  a 
jewelry  store  on  Merchant  street  was  attempted. 
That  same  evening  N.  L.  Pollock  was  shot  dead  by 
Samuel  Gallagher.  A  Mexican  named  Juan,  caught 
stealing  at  this  fire,  was  tried  and  publicly  whipped 
by  the  people. 

A  nolle  i^roseqid  was  entered  by  the  court  of  sessions 
the  2Gth  of  Juno  in  the  case  of  Charles  Duanc,  the 
prosecuting  attorney  stating  that  the  witnesses  for 
the  prosecution  could  not  bo  for.nd.  It  was  a  current 
practice  among  the  fraternify,  that  of  continuing  a 
case  until  the  witnesses  were  scattered.  Two  individ- 
uals, Graham  and  Lemon,  at  a  loss  to  know  whether, 
even  in  their  own  estimation,  they  were  gentlemen, 
indulged  in  some  general  shooting  on  Kearny  street, 
near  the  plaza,  on  the  evening  of  the  30th.  Unfortu- 
nately neither  was  killed,  though  the  bodies  of  the 
by-standers  entertained  a  number  of  their  bullets. 

These  are  scarcely  a  moiety  of  the  oflfences  com- 
mitted during  the  month  of  June;  include  the  petty 
crimes  and  misdemeanors,  and  the  list  would  be  in 
creased  tenfold. 


Before  the  month  opened,  it  was  clearly  apparent 
that  the  time  was  fast  approaching  when  the  indigna- 
tion of  the  people  must  burst  its  fetters;  the  enemies 
of  peace  and  honest  living  had  filled  their  cup  of  in- 


NIGHT  PATROL. 


205 


iquity  to  overflow inj:^.  Patience  had  become  puerility. 
The  question  was  no  longer  whether  it  was  rijjjht  ior 
the  people  to  take  law  into  their  own  hands  and  ex- 
ecute justice,  but  whether  the  virtuous  and  orderly 
element  in  the  community  should  have  any  existence 
at  all.  Over  and  over  again  the  legal  machinery  tluu 
in  operation  was  proved  utterly  hiadequate  to  tiie 
suppression  of  crime;  wickedness  grew  bolder  and 
more  rampant  every  day,  until  the  simple  proposition 
was,  Shall  the  substance  of  the  right-minded  and 
industrious  be  forever  taken  to  feed  villainy?  Then 
it  was  that  a  secret  committee  of  men  determineil 
to  put  on  armor  and  stand  ready,  the  self-constituted 
exponents  and  executives  of  order  and  of  law,  sprung 
as  it  were  from  tlie  ground. 

The  idea  of  organizing  did  not  originate  wholly  with 
any  one  man  or  at  any  one  time.  As  in  every  normal 
evolution,  the  development  w^as  the  offspring  of  ne- 
cessity. A  thousand  minds  were  pregnant  with  the 
thought  that  something  must  be  done.  Citizens  talked 
together  of  it,  and  every  new  outrage  added  force  to 
expression.  The  great  law  of  self- protection,  far 
mightier  than  written  law,  of  its  own  subtle  strength 
attracted  and  massed  the  isolated  porticles  of  so- 
ciety. Although  it  was  a  clear  case  of  spontaneous 
combustion,  there  was  yet  an  immediate  agent.  In 
a  thousand  places  the  flame  of  reform  was  ready  to 
burst  out;  the  first  bursting  was  the  beginning. 

There  had  been  organized  late  in  February  or  early 
in  March,  among  the  merchants,  a  night  patrol,  of 
which  F.  W.  Macondray  was  captain.  Every  man 
who  had  property  to  protect  was  invited  to  join  the 
company,  and  contribute  his  proportion  of  time  and 
money  for  the  benefit  of  all.  There  were  about  one 
hundred  members,  who  were  assigned  to  different  dis- 
tricts, and  twelve  of  them  were  on  duty  four  times  a 
month,  serving  eight  hours  out  of  the  twentv-four. 
Often  during  their  meetings  they  discussed  the  ne- 
cessity of  organizing  as  a  popular  tribunal  and  as- 


( 


I 


I  i 


i  i 


i|; 


4 


S06 


COilMITTEE  OF  VIGILANCE  OF  1831. 


suniing  arbitrary  powers.  It  was  a  consummation, 
howcvor,  to  be  deplored,  and  therefore  to  be  post- 
poned as  long  as  possible.  Of  the  band  was  George 
E.  Schenck,  who  claims  this  as  the  origin  of  the 
A^igilance  Committee;  others,  however,  put  in  coun- 
ter claims.  The  truth  is,  as  I  have  said,  this  organ- 
izing for  mutual  safety  was  the  act  of  many,  who 
thus  as  it  were  threw  up  their  arms  involuntarily  to 
v/ard  off  the  blow  aimed  at  society  by  confederated 
crime. 

In  what  was  then  known  as  Happy  Valley,  where 
now  is  First  street,  near  Mission,  in  the  spring  of 
1851  lived  James  Neall,  a  highly  respected  eiti:^on 
and  prominent  merchant.  George  Cakes,  of  the  firm 
of  Endicott,  Green,  and  Oakes,  was  his  neighbor. 
Meeting  on  Sunday  afternoon,  the  8th  of  June,  their 
conversation  turned  on  what  was  uppermost  in  the 
minds  of  both — the  insecurity  of  affairs,  and  the 
necessity  of  active  measures.  Calm,  clear-headed, 
practical  men,  both  of  them,  they  determined  at  once 
and  together  to  call  on  ]\Ir  Bran  nan,  the  ruling  spirit 
and  tacitly  acknowledged  leader  of  the  movement  of 
18.51,  and  consult  with  him  on  the  subject.  They 
found  Mr  Brannan  seated  in  his  office,  and  near  him 
at  the  desk  Mr  Wardwcll,  his  clerk.  Mr  Brannan 
listened  as  one  to  whom  such  words  were  welcome. 
As  the  fire  licks  I'ovingly  new  fuel,  so  the  flame 
already  blazing  in  his  breast  received  the  sentiments 
poured  into  it  by  his  visitors.  After  short  discussion 
it  was  suggested  that  each  then  present  should  give 
Mr  Wardwell  the  names  of  such  citizens  as  were 
known  to  be  in  sympathy  with  good  order,  and  whose 
discretion  could  be  relied  upon,  inviting  them  to  meet 
at  twelve  o'clock  at  noon  the  next  day,  Monday,  the 
9th,  at  the  California  Engine  House,  situated  at  the 
junction  of  Market  and  Bush  streets,  opposite  the 
Oriental  Hotel.  Certain  persons  in  the  several  dis- 
tricts of  the  city  were  requested  to  organize  each  a 


THE  TERM  VIGILANCE  COMMITTEE. 


207 


local  committee,  of  which  he  should  act  as  chair- 
man, ami  the  duty  of  these  cominittees  sliould  be 
to  notify  their  trustworthy  neighbors,  and  invite 
them  to  be  present  at  the  time  and  place  above 
mentioned. 

In  pursuance  of  that  action  there  was  a  large 
gathcrmg  at  the  engine-house  the  following  noon, 
and  the  room  was  crowded.  The  evils  of  the  times 
were  discussed,  and  views  interchanged  as  to  the 
proper  remedy.  The  meeting  finally  adjourned  to 
assemble  that  night  at  Mr  Brannan's  rooms,  for 
the  purpose  of  organizing  and  defining  a  course  of 
action. 

Unaware  of  the  steps  which  had  thus  far  been 
taken,  Mr  A.  Delano  wrote  two  notices  in  the  after- 
noon of  Tuesday,  the  10th,  calling  a  meeting  to  be 
held  next  day  at  three  o'clock  on  the  plaza,  and 
handed  them  in  at  the  offices  of  the  A/ta  California 
and  Courier.  He  then  drew  up  articles  of  associ- 
ation, which  he  called  a  'Committee  of  Safety;'  but 
learning  from  Mr  Brannan  Wednesday  morning  that 
an  organization  had  already  been  effected,  he  saw 
that  the  articles  which  he  had  prepared  were  not 
needed. 

Singularly  contradictory  were  many  of  the  state- 
ments given  me  by  the  actors  themselves.  I  have 
been  told  repeatedly  by  those  who  joined  the  asso- 
ciation on  the  10th  or  the  11th  of  June  that  the 
Jenkins  robbery,  hereafter  to  be  mentioned,  was  the 
act  which  called  the  organization  into  being,  when  in 
fact  the  origin  of  associating  dated  from  the  Sunday 
previous,  and  sprang  immediately  from  the  com- 
mon conversation  and  resolution  of  the  two  citizens 
of  Happy  Valley.  Thick  black  clouds,  portentous  of 
outbreak,  had  hung  for  weeks  and  months  over  the 
city;  but  the  walk  of  Neall  and  Oakes  to  Brannan's 
office  was  the  first  white  streak  indicative  of  imme- 
diate atmospheric  purification. 

The  origin  of  the   term  vigilance  committee  was 


208 


COMMITTEE  OP  VIGILANCE  OP  1851. 


spontaneous.  In  the  meeting  of  ]Mon<lay  ni<;'ht  tlio 
question  arose  how  the  or«jfanization  should  be  <lesij^- 
nated.  One  suggested  that  they  shouhl  cull  them- 
selves the  '  Regulators,'  from  their  determination  to 
scrutinize  and  regulate  the  administration  of  justice, 
and  so  diminish  crime.  But  the  word  Kogulators 
smacked  too  strongly  of  the  Hounds  epoch;  it  was 
too  significant  of  a  purpose  and  policy  directly  at  vari- 
ance with  those  of  the  new  organization,  and  hence 
was  not  seriously  entertained.  *  Secret  Committee ' 
did  not  suit  for  obvious  reasons.  Next  was  proposed 
'  Committee  of  Safety,'  or  '  Committee  of  Public 
Safety,'  as  conveying  the  idea  of  protection  which  the 
association  sought  to  throw  round  every  good  citizen. 
This  name  found  more  supporters.  But  meanwhile 
the  term  'Committee  of  Vigilance'  having  been  sug- 
gested,  it  took  precedence  at  once,  embodying  as  it 
does  the  sentiment  of  watchfulness  with  those  of  cir- 
cumspection, care,  and  protection.  Hence  this  name 
was  unanimously  adopted,  and  as  the  expression  of  a 
unique  human  association  shall  so  stand  to  the  end  of 
time. 

At  the  meeting  of  Monday  night  there  were  pres- 
ent those  who  fully  realized  the  responsibility  and 
importance  of  the  step  about  to  be  taken.  Their 
seeming  duty  lay  seemingly  counter  to  the  regular 
course  of  law.  Plainly,  they  proposed  to  break  the 
law,  and  in  so  doing  lay  themselves  open  to  punish- 
ment by  the  law.  In  the  eyes  of  the  law  they  were 
about  to  become  oifenders  of  as  deep  «,  dye  as  any 
they  proposed  to  punish,  though  from  very  different 
motives. 

But  there  were  also  present  young  and  inex- 
perienced men,  who  did  not  know  what  they  were 
about  to  do;  and  sage  tutor  to  these  was  the  whilom 
colonel  commanding  the  New  York  volunteers,  which 
company,  as  before  stated,  when  disbanded  furnished 
many  of  the  ruffians  then  infesting  the  city.  These 
mettlesome  innocents  the  mettlesome  old  colonel  set 


SAMUEL  ERAXNAN. 


soo 


about  to  instruct.  It  .suited  well  the  eternal  fitness 
of  tliinfjs,  that  lie  wlu>  had  brought  hither  New 
York's  vagabonds  .should  now  liang  tliem.  Feehngly 
lie  .spoke  of  his  fornier  associates,  calhng  to  mind  past 
dangers  and  privations  in  common  shared;  but  re- 
called to  things  present,  stern  duty  swelled  the  brea^^.t 
well  buttonetl  beneath  an  army  coat,  and  the  severest 
of  military  airs  wreathed  the  features  of  the  ire- 
illuminated  face. 

There  were  those  both  at  this  and  at  subsequent 
meetings  who  were  more  ready  with  their  tongue 
than  with  their  sword.  Upon  this  occasion  the 
doughty  colonel  concludes  an  address  brimful  of 
nervous  energy  with  these  words:  "And  mind  you, 
let  there  be  no  skulking!  Let  there  be  no  skulking 
now!"  But  when  the  bell  summoned  to  actual  danj^er 
and  responsibility,  and  the  more  timid  looked  for  their 
brave  commander,  he  was  nowhere  to  be  found; 
though  there  was  made  diligent  search,  even  to  the 
sending  to  his  house  for  him,  he  failed  to  ]iut  in  an 
appearance.  Then  certain  profane  youth,  tilled  with 
merry  contempt,  took  from  a  white  fowl  its  whitest 
feather,  and  carefully  inclosing  it  in  an  envelope,  ad- 
dressed and  sent  it  to  the  brave  talker. 

Very  different  was  the  conduct  on  this  occasion 
of  Mr  Brannan,  to  whom  the  highest  praise  is  due. 
Peculiar  as  he  was  in  some  respects,  I  cannot  but 
icijard  his  connection  with  the  first  Vigilance  Com- 
niittee  as  the  brightest  epoch  of  his  eventful  life;  and 
so  long  as  society  holrls  its  course  in  San  Francisco 
his  name  should  be  held  in  honored  and  grateful  ro- 
luembrance.  With  the  most  cheerful  recklessness  he 
threw  his  life  and  wealth  into  the  scale;  anything 
and  everything  he  possessed  was  at  the  disposal  of 
the  committee  free  of  any  charge. 

The  avowed  object  of  the  association  was  to  vigil- 
antly watch  and  pursue  the  outlaws  that  infested  the 
<'ity,  and  bring  them  to  justice,  through  the  regularly 
constituted  courts,  if  that  could  be;  by  a  more  sum- 

Pop.  TniB.,  Vol..  I.    14 


810 


COMMITTEE  OF  VIGILANCE  OF  1851. 


niary  and  direct  process,  if  must  be.  Each  member 
])ledged  his  sacred  honor,  hifc  fortune,  and  his  hfe,  for 
the  protection  of  his  fellow  members,  for  the  protec- 
tion of  the  lives  and  property  of  the  citizens  of  the 
community,  and  for  purging  the  city  of  bad  characters 
\vho  were  making  tliemselvcs  odious  in  it. 

An  informal  instrument  was  drawn  up  at  this 
meeting,  which  signified  the  general  purpose  and 
course  of  action.  This  was  signed  by  those  preis- 
ent.  Inviolable  secrecy  was  laid  on  every  member; 
unity  and  good  faith,  becoming  common  interests 
and  manly  honor,  should  characterize  all  their  act:"^. 
Every  member  should  act  the  part  of  city  monitor; 
in  case  of  disturbance  members  of  the  society  should 
be  summoned,  and  each  subscriber  promised  to  appear 
when  called,  and  to  perform  service  when  needed. 

A  partial  organization  only  was  effected  on  Mon- 
day, but  next  night  arrangements  were  perfected  and 
future  action  determined.  Then  and  there  they  re- 
S(jlved  to  purge  the  city  of  crime  at  the  hazard  of  their 
lives  and  fortunes.  Watches  must  be  set,  patrols 
established,  and  scouts  sent  out;  evil-doers  were  to 
be  hunted,  and  when  caught,  tried,  fairly,  consci- 
entiously, deliberately,  and  if  guilty  punished  im- 
mediately. This  was  tlie  simple  plan,  the  code  of 
common-sense,  cstnblished  by  these  men  of  practical 
determination.  There  was  to  bo  no  friction  of  un- 
necessary agencies  in  their  machinery;  they  know 
when  a  vagabond  deserved  banishment  or  hanging, 
and  they  knew  how  to  banish  and  hang;  and  this 
was  enouijh. 

The  protocol  of  the  constitution  is  dated  the  8th  of 
June,  at  v«hich  time  it  was  instituted  and  put  into 
general  effect.  In  the  book  of  signers  it  is  dated  tlu 
i)th  of  June,  at  which  time  it  was  finally  adopted  and 
signed.  To  the  constitution  S.  E.  Woodworth  is  the 
first  signature;  S.  Brannan,  the  second;  E.  Gorhani, 
the  third;  Frod'k  A.  Woodworth,  the  fourth;  Geo.  J. 
Oakes,  the  fifth;  and  so  on. 


ORGANIZATION. 


m 


Following   are   the   constitution   and    by-laws   as 
adopted  : 

CONSTITUTION,  9th  JUNE,  1851. 

"  WnEREAS,  It  has  iKcomc  apparent  to  the  citizens  of  San  Francisco  that 
there  is  no  security  for  life  and  property,  either  under  the  regulations  of  bo. 
ciety  as  it  at  present  exists,  or  under  the  laws  as  now  administered ;  therefore, 
the  citizens  whoa  i  names  arc  hereunto  attached  do  unite  themselves  into 
an  association  for  the  maintenance  of  the  peace  and  good  order  of  society,  and 
the  preservation  of  the  lives  and  property  of  the  citizens  of  Saa  Franciaco, 
and  do  bind  ourselves,  oach  unto  the  other,  to  do  and  perform  every  lawful 
act  for  the  maintenance  of  law  and  order,  and  to  sustain  the  laws  when  faitli. 
fully  and  properly  administered ;  but  we  arc  determined  that  no  thief,  burghir, 
incendiary,  or  assassin  shall  escape  ijunishment,  either  by  the  quibbles  of  tlie 
law,  the  insecurity  of  prisons,  the  carelessness  or  corruption  of  the  police,  or 
a  laxity  of  those  who  pretend  to  administer  justice.    And  to  secure  the  objects 
of  this  association  we  do  hereby  agree ;    First,  That  the  name  and  style  of  tho 
association  shall  be  the  Committee  of  '''igilance,  for  tho  protection  of  tlic  citi- 
zens and  residents  of  the  city  of  San  iVancisco.     Secondly,  That  there  shall 
be  a  room  selected  for  the  meetuigs  and  deliberations  of  the  committee,  ;.t 
w'.iich  there  shall  be  some  one  or  more  members  of  the  committee,  appointed 
for  that  purpose,  in  constant  attendance,  at  all  hours  of  tlie  day  and  night,  to 
receive  the  report  of  any  member  of  the  association,  or  of  any  other  person  or 
persons  whatsoever,  of  any  act  of  violence  done  to  the  person  or  i)roperty  of 
any  citizen  of  San  Francisco;  and  if,  in  the  judgment  of  the  member  or  mcni- 
lijrs  of  the  committee  present,  it  be  audi  an  act  as  justifies  the  iuterferenco 
oi"  tliis  committee,  either  in  aiding  in  the  execution  of  tho  laws  or  the  promjit 
and  summary  punishment  of  the  olFender,  the  committee  shall  be  at  once  a.s- 
fsenibled  for  the  purpose  of  taking  such  action  as  a  majority  of  the  committeu 
v.hon  assembled  shall  determine  upon.     Thirdly,  That  it  shall  be  the  duty  of 
any  member  or  members  of  the  committco  on  duty  at  the  committee  room, 
whenever  a  general  assemblage  of  tlie  coniinitt(  >'  is  deenii  d  necessary,  to 
cause  a  call  to  be  made  by  two  strokes  upon  a  b('li    ".vliich  shall  be  repeatt'd 
with  a  pause  of  one  minute  between  each  alarm;  tho  ularm  to  be  struck  until 
ordered  stopped.     Fourthly,  That  when  the  comniitteo  have  assembled  f.jr 
action  tho  decision  of  a  majority  present  shall  l)e  binding  upon  the  whole 
ciinimittee;  and  that  those  members  of  the  commit  :oe  wlioso  names  are  here- 
unto iittaclied  do  pledge  their  honor,  and  hereby  bind  them..'lves,  to  defend 
mill  sustain  each  other  in  carrying  out  the  determined  action  of  this  com 
iiiittee,  at  the  hazard  of  their  lives  and  their  fortunes.     Fifthly,  That  there 
■shall  bo  chosen  monthly  a  president,  secretjiry,  and  treasurer;  and  it  shall  be 
tlie  <luty  of  the  secrctr    .       detail  tho  members  required  to  be  in  daily  atteiul- 
iuice  at  tlio  committee  room.     A  sergcant-at-arms  shall  be  appointed,  whose 
<hity  it  shall  bo  to  notify  such  meml>ei3  of  their  detail  for  duty.    The  scrgean;  • 
iit-anns  shall  reside  at  and  be  in  constant  attendance  at  the  committee  ir)oni. 
TliLre  shall  be  a  standing  committee  of  liuance  and  qualitkation,  consisting  oi 
li\  e  each,  and  no  peraoa  shall  be  admitted  a  r.icmbcr  of  this  association  unks.. 


3   ail 


II 


:i2 


COMMITTEE  OF  VIGILANCE  OF  IS.'!. 


lie  be  a  respectable  citizen,  and  approved  of  by  the  committee  on  qualiScation 
before  admission. " 

BY-LAWS. 

"WiiEnEAS,  The  citizens  of  San  Francisco,  convinced  that  there  exists 
within  these  limits  a  l>and  of  robbers  and  incendiaries,  who  have  several  times 
l)urned  and  attempted  to  Inim  their  city,  who  nightly  attack  their  persons 
and  ])rea'  into  their  buildings,  destroy  their  quiet,  jeopardize  their  lives  and 
property,  and  generally  disturb  the  natural  order  of  society;  and  whereas, 
many  of  those  taken  by  the  police  have  succeeded  in  escaping  from  their 
prisons  by  carelessness,  by  connivance,  or  from  want  of  proper  means  or  force 
to  secure  their  safe  confinement;  therefore,  be  it 

"  liCHolved,  That  the  citizens  of  this  place  be  made  aware  that  the  Com- 
mittee of  Vigilance  will  be  ever  ready  to  receive  information  as  to  the  where- 
abouts of  any  disorderly  or  suspicious  person,  or  persons,  as  well  as  the  per- 
sons themselves,  when  suspected  of  crime.  That  as  it  is  the  conviction  of  a 
large  portion  of  our  citizens  that  there  exists  in  this  city  a  nucleus  of  convicts 
and  disorderly  persons,  round  which  cluster  tliose  who  have  so  seriously  dis- 
turbed tlie  peace  and  aflfccted  the  best  interests  of  our  city,  such  as  are  known 
to  the  police  of  the  city,  or  to  members  of  the  Committee  of  Vigilance,  as 
f'jlons,  by  conduct  or  association,  bo  notified  to  leave  this  port  within  five 
days  from  this  date;  and  at  the  expiration  of  wliich  time  they  shall  be  com- 
jH'Ued  to  depart,  if  they  have  not  done  so  voluntarily  within  the  time  specified. 

"  RcKnlvfd,  That  a  safety  committee  of  thirty  persons  be  appointed,  whose 
8.-.icred  duty  it  shall  be  to  visit  every  vessel  arriving  with  notorious  or  suspicious 
characters  on  board ;  and  unless  they  can  present  to  said  committee  evidence 
of  good  character  and  honesty,  they  shall  be  re-shipped  to  the  places  from 
whence  they  came,  and  not  to  be  permitted  to  pollute  our  soil. 

' '  l)VSolvv(l,  That  all  gootl  citizens  be  invited  to  join  and  assist  the  Committee 
of  Vigilance  in  carrying  out  the  above  measures,  so  necessary  for  the  perfect 
restoration  of  the  peace,  safety,  and  good  order  of  our  community." 

Signed  to  this  were  about  two  hundred  names.  The 
documents  were  then  given  to  the  pubhc  journals  for 
pubhcation,  with  the  tbllowing  remarks  by  the  com- 
mittee : 

"  The  above,  a  portion  of  the  Committee  of  Vigilance  lately  established  in 
the  city  for  the  preservation  of  order,  punishment  of  vice,  and  for  the  pur- 
l)ose  of  meting  out  that  justice  so  long  withheld  from  criminals,  unwilling,' 
that  the  names  of  a  few  of  their  associates  should  1)0  selected  by  the  Coroner's 
Jury  as  the  principal  actors  in  the  trial  and  execution  of  Jenkins,  inform  tlie 
public  that  they  with  all  the  memliers  f'f  the  eonmiittee  are  equally  re- 
sponsible for  the  first  act  of  justice  that  has  been  dealt  to  a  criminal  .':i  Sun 
Francisco  since  California  became  a  state  of  our  Union.  Our  fellow-citizens, 
remembering  the  escape  of  Withers,  Daniels,  and  Adams,  of  Stuart,  Wildred, 
luid  Watkins,  and  tho  tardy  manner  in  which  tlie  incendiary  Lewis  is  boinL; 
brought  to  justice,  will  see  the  necesaity  of  the  stringent  measures  we  Imvo 
adopted. " 


SOME  REGULATIONS. 


213 


This  publication  also  informed  those  frictuUy  to  clic 
cause  that  the  Committee  of  Vifjilance  had  nothinfj 
secret  in  their  proceedings  but  such  matters  as  would 
tend  to  defeat  the  object  for  which  they  were  asso- 
ciated. After  arranging  for  concert  of  action,  the 
absence  of  which  had  been  so  severely  felt  during  the 
I3urdue-Stuart  affair;  after  establishing  a  watchword 
and  a  signal  to  be  used  to  call  members  to  the  ren- 
dezvous, which  was  three  taps — it  had  been  two  taps 
before — on  the  California  Fire  Company's  bell,  and  de- 
tailing officers  for  immediate  duty,  enrolling  a  number 
(.f  IK  ubers,  all  among  the  most  respectable  and  well 
!.j)c'  •  "itizens,  and  after  disposing  of  other  needed 
1)1! sin- .is,  the  committee  adjourned  for  the  evening. 
1  say  they  adjourned,  but  the;^  did  not  disperse.  The 
first  great  tragedy  was  to  be  enacted  that  night. 
Before  these  associates  should  sleep,  their  promises 
nmst  be  sealed  in  blood. 


CHAPTER  XIV. 


BEHIND    THE    SCENES. 


I 


So  do  the  wiL.'       ■  ■[  +'mnder  cleanse  the  air, 
So  working  b^e  •  and  purge  the  wine; 

So  lopp'd  and  prnn         .ees  do  flourish  fair, 
So  doth  the  tire  I.:     dros^jy  gold  rcline. 

(Spe/wer. 

Throughout  my  examination  of  the  subject  of 
popular  tribunals  it  has  been  my  constant  purpose  to 
bring  to  light  as  much  as  possible  the  inner  workings 
of  the  San  Francisco  Cominittoe  of  Vigilance,  as  that 
organization  must  ever  be  the  u'rand  and  central  fiijure 
in  all  such  study.  All  that  has  hitherto  been  made 
public,  all  that  has  hitherto  been  known  of  it,  is  what 
was  outwardly  visible  at  the  time.  The  institution 
was  known  only  by  its  results.  It  was  public -j  ap- 
parent that  such  an  association  existed,  and  the  watch- 
ful observer  could  easily  ascertain  where  its  members 
met.  The  people  at  large  could  see  when  an  arrest 
was  made;  in  the  event  of  exile  or  execution  thev 
could  see  offenders  shipped  hence  or  hanged.  But 
tliis  was  all.  Of  what  was  done  within  the  walls;  of 
the  o^^ganization  as  such,  its  color,  calibre,  sentiment, 
purpose,  and  secret  action,  they  knew  absolutely 
nothing.  Among  the  members  themselves,  the  riglit 
hand  knew  not  what  the  left  hand  did.  Members  ot' 
the  general  committee  knew  as  little  about  the  de- 
liberations and  actions  of  the  executive  committee 
as  those  who  were  not  members  of  the  Vigilance 
Committee  at  all. 

The  history  of  the  movement,  I  clearly  appre- 
hended, could    not   be   fully  written  without  careful 

(214) 


RETICEXCE  OF  MEMBERS. 


2K 


inquiry  into  what  was,  of  all  things  connected  with 
it,  the  most  closely  guarded.  For  a  long  time  I  was 
j^eremptorily  refused  admission  behind  the  scenes; 
for  years  the  only  answers  I  received  to  my  constant 
importunities,  to  my  arguments  as  to  what  I  conceived 
to  be  their  duty,  their  obligations  to  the  world,  in  the 
matter  were  these:  We  do  not  wish  to  revive  the 
])ast,  melancholy  as  it  is  with  dismal  memories.  We 
have  no  ambition  to  figure  in  history.  In  our  action 
we  only  followed  what  we  conceived  to  be  our  duty ; 
our  conscience  to-day  app'oves;  under  like  circum- 
stances we  should  do  the  sau.^;  but  there  are  those 
whose  opinions  are  worthy  of  as  much  consideration 
as  ours  who  differ  with  us,  and  we  do  not  care  to 
discuss  the  question.  Action  was  our  logic,  and  tlio 
iruit  of  our  deeds  the  end  of  the  argument.  We  will 
not,  we  dare  not  say  more. 

Nor  was  tliis  an  unnecessary  precaution.  In  fact, 
if  not  so  morally,  those  associates  were  legally  out- 
laws. In  the  eyes  of  their  government  they  were 
conspirators  and  murderers,  and  tliey  could  not  be 
officially  regarded  as  anything  else.  By  these  acts 
which  tliey  deemed  necessary  and  righteous  they  laid 
themselves  open  to  prosecution,  which  miglit  result 
in  fines,  imprisonment,  or  even  death.  Should  the 
law  d'.cline  to  act  against  public  sentiment,  sliould  it 
refuse  to  exercise  in  its  strict  letter  its  power  against 
its  loyalist  lovers,  and  visit  with  puiusliment  the  best 
citizens  of  the  comuKJUwealth,  there  were  yet  at  large 
thwarted  villains  enough  in  whom  burned  so  strong  a 
desire  for  vengeance  as  to  make  assassination  prob- 
able. Hence  it  became  the  vigilants  to  l)e  wary  and 
silent;  hence,  likewise,  it  was  necessary  that  at  all 
hazards  they  should  stand  by  each  other. 

But  better  counsel  in  due  time  prevailed,  and  once 
the  barrier  broken,  every  recess  was  thrown  o[)en  to 
me  without  reserve.  Not  only  was  all  existing  writ- 
ten  and  printed  material  jJaced  at  my  disposal,  but 
the  fountains  of  memory  fairly  opened,  a  stream  of 


216 


BEHIND  THE  SCENES. 


briglit  recollection  flowed  forth  such  as  gladdonecl  my 
thirsty  pen.  Supplementing  their  copious  dictations 
with  long  and  frequent  interviews  as  my  work  pro- 
gressed, I  am  enabled  to  present  what  I  cannot  but 
regard  as  an  important  and  wholly  individual  phe- 
nomenon in  the  history  of  the  race,  as  distinctly  and 
minutely  as  the  most  exact  student  of  social  develop- 
ment could  desire.  And  here  let  me  remark  that  the 
deeper  I  .sounded  the  subject  the  more  I  became 
fascinated  with  it,  and  the  clearer  appeared  to  me  the 
])urity  of  purjiose,  the  wisdom  of  counsel,  and  the 
masterly  activity  in  execution,  of  those  whose  deeds 
I  chronicle. 


It  was  on  the  north-east  corner  of  Bush  and  San- 
some  streets  that  Mr  Brannan  had  his  office.  There 
in  June,  1851,  stood  a  row  of  two-story  frame  houses, 
in  the  corner  one  of  which  the  order-loving  citizens  of 
San  Francisco  organized  their  first  Committee,  formed 
for  the  ]iurpo.se  of  taking  such  measures  as  slu»ukl  be 
deemed  necessary  to  secure  safety  to  person  and  {prop- 
erty. The  lot  directly  opposite  on  the  same  side  of 
Sansome  street  was  vacant  and  ungraded,  and  huge 
hillocks  of  undisturbed  sand  rolled  off  toward  the 
south-west. 

The  entrance  to  the  ccujmittee  rooms  was  on  Bush 
street.  The  low  ceilinijf  and  sides  of  the  rooms  were 
lined  with  white  cotton  cloth,  made  dingy  by  tlust, 
wet  by  such  portions  of  the  previous  winter's  rain 
as  could  find  its  way  througli  the  cracks.  To  the 
feloniously  afflicted  a  visit  to  the  rooms  was  as  terri- 
fying an  adventure  as  a  visit  to  the  cave  of  Trophonius. 
]\Ir  Brannan's  offlce  was  up  a  narrow  flight  of  steep 
stairs,  in  a  little  room  partitioned  from  the  loft  at  the 
Bush-street  end.  His  business  was  extensive;  in  the 
city  he  held  much  real  estate,  and  in  the  country  he 
was  proprietor  of  farms  and  mines.  It  was  in  tliis 
little  office  that  Neall  and  Oakes  found  him  on  the  Sun- 
day afternoon  named,  for  business  men  in  those  days 


E.UILY  PROCEEDINGS. 


217 


the 
rri- 
ius. 
eep 
tho 
the 
lio 
Ills 
inl- 
ays 


ditl  not  usually  close  their  offices  on  tlie  Sahhath. 
On  the  Hoor  below  were  three  rooms,  intended  i'or 
stores,  each  fronting  about  twenty  feet  on  Bush 
street,  and  running  back  to  a  depth  of  some  fifty  feet. 
The  rooms*  were  at  that  time  vacant,  being  for  rent. 
When  the  gathering  of  tlie  citizens  on  Monday  night 
had  filled  to  overllowing  the  middle  room,  Mr  Hran- 
nan  took  a  knife,  and  cuttiuiX  the  canvas  at  the  sides 
and  bottom,  between  portions  of  the  studding,  opened 
passage-ways  to  the  rooms  on  either  side.  The  aj)er- 
tures  thus  made  were  curtained  by  the  still  hanging 
canvas. 

There  was  little  that  was  attractive  about  the 
j)lace,  and  it  offered  few  inducements  to  loungers. 
These  rough  rooms,  wherefrom  renovation  siiould  pro- 
ceed to  cleanse  the  city  of  its  foulness,  contrasted 
strangely  with  the  mirrored  and  bedizened  walls  of 
infamy.  The  gambler  offered  you  brighter  lights  and 
softer  seats,  but  his  smile  was  the  leering,  jeering, 
sneering  smile  of  Mypliistopheles. 

Round  a  plain  table  were  a  few  chairs,  on  which 
were  seated  the  more  active  workers  of  the  assend)ly, 
the  secretary,  president,  and  those  engaged  in  pre- 
paring articles  of  association  and  plans  ior  future 
procedure;  the  rest  stood  in  groups,  leaned  against 
the  walls,  or  seated  themselves  on  boxes  and  boards 
brought  in  through  the  back  door.  Little  cared  they 
for  rest  or  comfort,  they  who  purposed  neither  rest 
nor  comfort  for  certain  others.  During  some  of  these 
intense  excitements  hundreds  woulil  remain  on  their 
feet  with  no  thought  of  food  from  morning  till  night, 
seemingly  without  knowing  it,  so  lost  were  they  in 
their  surroundings. 

There  was  little  to  say  in  explanation  why  they 
liad  been  called  tosjether,  either  at  the  meeting  of 
Monday  noon  t)r  jNIonday  night.  All  knew  the  ])ur- 
])ose  of  the  convention,  and  it  remained  oidy  to 
discuss  the  best  method  of  accom})lishing  it.  That 
which  waj  most  essential  was  absolute  secrecy,  and 


m 


BEHIND  THE  SCENES. 


this  was  first  of  all  enjoined.  Should  courts,  officers, 
and  criminals,  through  the  treachery  of  any,  be  made 
aware  of  their  intentions,  the  best  laid  schemes  were 
sure  to  be  thwarted.  To  secure  at  once  secrecy,  con- 
cert of  action,  and  efficiency,  it  was  thought  best  to 
resolve  the  working  material  of  the  association  into 
active  and  passive  parts,  the  former  to  comprise  the 
Executive  Committee,  who  should  rule,  and  the  latter 
the  General  Committee,  who  should  obey. 

And  it  was  done.  The  executive  committee  thus 
became  in  reality  the  Vigilance  Committee,  and  the 
general  committee  auxiliary  to  it.  Of  the  vigilant 
forces  the  executive  committee  were  the  general  and 
his  officers,  or  the  president  and  his  cabinet,  and  the 
general  committee  the  common  soldiers.  As  a  check 
upon  the  abuse  or  misrepresentation  of  power,  it  was 
made  the  duty  of  the  executive  committee,  before 
ultimate  action  on  important  questions,  to  lay  their 
propositions  before  the  general  committee  and  obtain 
tiie  sanction  of  its  members;  bu|;  from  the  executive 
committee  must  issue  all  orders,  and  they  alone  were 
to  be  held  responsible. 

Monday  night  the  protocols  of  constitution  and 
by-laws  were  drawn,  and  Tuesday  night  they  were 
adopted.  Officers  were  chosen  and  sub- committees 
appointed;  and  as  the  association  met  from  day  to 
day,  new  necessities  brought  forth  new  rules.  This 
the  records  of  the  meetings  will  more  clearly  show, 
and  to  them  I  now  refer. 

Selim  E.  Woodworth  was  the  first  president  of  the 
general  committee,  and  Samuel  Brannan  the  first 
president  of  the  executive  committee.  Brannan's 
term  of  office  expired  in  three  months;  then  Stephen 
Payran  was  made  president  of  the  executive  com- 
mittee, and  after  Jiim  Gerritt  W.  Ryekman.  Money 
was  freely  circulated  in  tliose  days,  and  at  times  when 
enthusiasm  ran  high  ten  thousand  dollars  if  necessary 
could  be  raised  for  a  popular  measure  in  an  hour. 

The  archives  of  the  executive  committee  of  1851, 


COMMITTEE  ARCHIVES. 


219 


which  were  kindly  placed  at  my  disposal  by  Mr  Isaac 
]31uxomc  junior,  secretary  of  the  committees  both  of 
1851  and  185G,  consist  of  books  of  record  and  bundles 
of  loose  documents.  The  first  book  of  the  committee 
was  that  of  the  si<jners  of  the  constitution.  It  is  a 
cap  half- bound  record,  and  the  constitution  occupies 
the  first  two  pages.  On  the  margin  of  the  second 
page  arc  the  words:  President,  S.  E.  Wood  worth; 
Treasurer,  Eug.  Delessert;  Secretary,  Is.  Bluxomo; 
and  in  another  handwriting.  Constitution  adopted 
June  9,  1851.  Following  the  constitution  are  seven 
hundred  and  sixteen  signers,  their  names,  j)laces  of 
business,  and  residence.  A  sojiarate  book  was  kept 
by  the  qualification  committee,  in  which  were  entered 
the  names  of  those  applying  for  membershij),  and  by 
whom  recommended.  If  approved,  such  a})proval  is 
noted  and  signed  by  the  qualification  committee.  A 
long  narrow  index-book  was  used  for  the  purpose  of 
noting  delinquents,  and  from  this  fines  were  reckoned. 
As  a  rule  members  paid  their  fines  cheerfully  and 
promptly. 

The  siiifiicrs  of  the  constitution  were  numbered  as 
the  names  were  written,  and  each  was  called  l)y  his 
number.  Admission  of  members  to  the  meeting  was 
much  the  same  as  at  a  freemason's  lodge;  tlie  a})pli- 
cant,  if  unknown  by  sight  to  the  door-keeper,  called 
his  name  and  number,  and  was  identified  by  the  ser- 
geant-at-arms.  At  times  when  extraorilinary  caution 
was  necessary  a  password  was  u;sed.  Then  there  is 
the  cash-book,  kept  by  Eugene  Delessert,  treasurer, 
in  account  with  the  Committee  of  Vigilance,  and  con- 
tinued by  George  Ward.  Among  the  chief  items  of 
expense  were  .$192  the  14th  of  July  for  boat  hire; 
jassage,  A.  Wright,  19th  of  July,  $100;  trip  to  Sac- 
ramento and  expenses  there  in  the  arrest  of  B.  Kay, 
same  date,  §134.  Other  expenses  in  July,  use  of 
steam-tug  and  boats,  6 1 00;  rent,  !?400;  expenses 
of  Rider,  Reynolds,  and  McDuflie,  $190.50;  carriage 
hlrj,  !$1G;  A.  J.  McDuffij,  scrgeant-at-arms,  services 


i 


220 


BEHI^TD  THE  SCENES. 


I   'I; 


:!i: 


I 


rendered,  61 50;  and  divers  amountH  pai»l  newspapers, 
and  for  lumber,  car})enter  work,  (urniture,  stationery, 
and  other  sui)})lieM.  In  July  was  also  j)aid  the  pas- 
saj^c  money  of  George  Hopkins,  6100;  travelHng  ex- 
penses of  il.  Miller, $1 00 ;  McDuffie's  services, 62;]4. 44. 
( )n  the  I  Ith  of  August  was  paid  the  sheriff's  passage 
by  the  steamer  Oliio,  '^V^b;  the  11th  of  Se])tember, 
.$50  was  paid  for  carriage  hire,  and  on  the  13th,  $225 
passage  money  for  prisoners.  Notwithstanding  the 
grave  matters  before  them,  creature  comforts  were 
not  wholly  neglected,  as  among  other  items  I  find 
paid  the  Oriental  Hotel  $200,  and  the  club-house,  for 
gin,  brandy,  and  cigars,  $58.  Boat  hire  constituted 
a  large  item  of  expense.  None  of  the  members  of 
the  executive  connnittcc  drew  salaries  except  the 
secretary.  Drinks  are  entered  in  the  expenses  of 
agents  and  detectives  in  common  with  steam-boat  fare 
or  any  other  outlay. 

The  revenue  of  the  committee  was  derived  chiefly 
from  the  five -dollar  subscriptions  of  members,  and 
donations  from  merchants  and  others.  Durinj;  the 
month  of  June,  a  bank  account  was  kept  with  Jamea 
King  of  Wm,,  with  whom  was  deposited  $1,070.1)7. 
The  account  continues  only  through  the  month  of 
June,  and  the  bank-book  is  not  balanced.  This  ac- 
count is  kept  with  J.  W.  Salmon,  treasurer.  Mr 
Salmon  was  the  first  treasurer  and  Eugene  Delessert 
the  second.  Salmon's  account,  dated  the  7th  of  July, 
shows  receipts  according  to  the  above  amount  de- 
posited, all  of  which  was  paid  out  for  rent,  carpenters, 
water,  police,  sergeant-at-arms'  salary,  etc.,  except 
$112.48,  which  Mr  Salmon  handed  his  successor,  Mr 
Delessert.  C.  H.  Miller  presents  a  claim  the  22d 
of  July,  "for  cash  expended  by  him  in  going  to  and 
returning  from  Sacramento  City  three  times  for  the 
purpose  of  arresting  Jimmy-from-Town,  Dab  Ains- 
wortli,  and  George  Adams,  $100,"  which  was  allowed 
and  paid. 
■    Eugene  Delessert  opens  his  cash-book  the  1st  of 


THE  MOXFA'  DRIFT. 


221 


July,  1851,  with  tlio  amount  rcooived  from  his  pre- 
cleccHsor.  During  his  term,  which  lasted  until  ^lay, 
1852,  the  receipts  were  67,75)1, 80.  at  which  time 
there  was  due  him  from  the  association  !?2'J0.']8. 
Georjjfe  R.  Ward  then  assumed  the  office  of  treasurer, 
and  up  to  October  7,  1852,  tlie  date  of  the  last  entry, 
the  book  shows  recei])ts  to  tiie  amount  of  .$;}30.7(;. 
Herewith  I  give  fac-simUes  of  money-orders : 


^^^J.<^55^i^ 


/r 


The  roll-call  of  the  executive  committee  forms  a 
separate  book  of  fifty-one  names  in  all,  though  some 
from  time  to  time  were  erased.  This  roll  ])e<;ins  with 
the  24th  of  September,  1851,  and  continues,  with  in- 
tervals of  about  a  week  between  each  call,  to  the  2;)tli 
f>f  April,  1852.  Every  member  was  re(|uired  to  pay 
to  the  treasurer  the  sum  of  five  dollars  on  joining. 
At  a  meeting  of  the  executive  committee,  held  the 
2 2d  of  October,  it  was  ordered  that  a  safe  should  he 
j)urchased,  in  which  the  secretary  should  keep  the 
l)ooks  and  papers  of  the  association. 

The  Connnittee  of  1851  was  not  as  complex  in  its 
mechanism  as  the  Committee  of  1856.  The  former 
had  no  military  organization  like  that  of  the  latter, 


I. 


222 


BEHIND  THE  SCENES. 


' 


BUSINESS  ROUTINE.  2-J3 

but  a  police  orf^aiiization  only;  yet  in  case  of  emer- 
gency the  officers  of  the  association  had  a  way  of 
speedily  adapting  tlieir  forces  to  circumstances. 

Beside  the  regular  j)olice  there  was  a  water  police, 
of  which  Ned  Wakeman  was  chief.  The  regular  police 
were  paid,  but  often  members  were  detailed  for  police 
duty  who  drew  no  pay.  The  city  was  districted,  and 
a  committee  appointed  to  oversee  the  affairs  of  each 
district.  The  water  [)olice  were  stationed  along  the 
city  front  to  keep  an  eye  on  shi[)s  and  sailors,  and  to 
watch  for  thieves  accustomed  to  enter  from  beneath 
stores  built  over  the  water.  Charles  Minturn  was  in 
the  steam-boat  business  then,  running  tlio  Senator  on 
the  Sacramento  River,  and  was  supposed  to  have  in 
his  possession  a  large  amount  of  money.  So  it  was 
with  others.  There  being  no  banks  of  deposit  enjoy- 
*'ig  the  confidence  of  the  community,  merchants  kept 

nr  money  in  tlieir  stores;  and  often  large  amounts 
.  gold  dust  were  separated  from  the  pirates  under- 
neath only  by  the  thin  partition  of  the  floor.  Curs 
were  not  so  plenty  in  California  then  as  now;  few 
cared  to  keep  a  dog  at  an  expense  of  one  or  two  dol- 
lars a  day. 

The  sergcant-at-arms  might  call  on  any  member,  not 
otherwise  engaged  in  the  service  of  the  Committee,  at 
any  time,  for  special  duty.  A  printed  form  was  fur- 
nished for  the  summons,  which  read  as  follows : 


"  COMMITTEE  OF  VIGILANCE. 
"  Andrew  Andeeson  : 

"You  are  detailed  for  secret  duty  from  ten  o'clock  to  twelve  o'clock 
to-night,  and  will  report  accordingly  to  the  Sergeant-at-Arms  at  tho 
Committee  Room.  No.  58. 

"San  Francisco,  June  19,  1S51." 

It  was  resolved  on  the  27th  of  June  that  each 
member  should  report  himself  at  the  committee 
rooms  once  in  every  twenty-four  hours. 

Copies  of  passenger-lists  of  vessels  arriving  from 
certain  ports  were  obtained,  and  the  character  of  the 


i 


224 


BEHIND  THE  SCENES. 


II 


iiO\V  arrivals  carefully  cxaniinod.  Out  of  morov  for 
their  historian  I  beg  the  coming  conunittees  of  vigil- 
ance to  date  their  documents.  In  tlie  luiLje  inter- 
mixtui'e  before  me  are  hundredy  of  letters,  reports, 
resolutions,  and  eviMi  examinations  and  confessions, 
to  wliich  it  is  im|)ossil)le  to  give  their  proper  place  in 
this  history,  from  the  fact  that  they  hear  no  (hite. 
Wliat  is  strange  about  it  is  that  most  of  these  doc- 
innents  are  written  by  business  men,  who  would 
never  think  of  sending  out  a  business  letter  with  such 
an  omission. 

Some  of  the  minutes  of  meetings,  notices,  com- 
])laints,  evidence,  and  rejiorts  are  carelessly  dated  I  8;)! 
during  the  early  ])art  of  18512,  before  the  writer  had 
become  accustomed  to  the  new  year.  These  blunders 
1  am  abK>  to  detect  by  comparing  such  )»a})ers  with  the 
events  spoken  of  Fortunately,  from  the  records  and 
irom  theii-  connection  tluM'cwith,  1  am  abU)  to  j)lace 
the  most  impoitant  of  these  documents,  but  the  labor 
is  doubled  from  their  lackinu'  date. 


I 


The  vigilance  system  was  one  of  popular  espi()nage, 
the  most  extensive  and  complete  a  liberal  government 
has  ever  seen.  Every  man  was  a  spy  on  every  other 
man.  ()p])osition  was  intimidated  by  the  watchful 
eye  and  siK'nt  tongue.  Ol'ti'U  a  bad  man  did  not  kn(>w 
his  lu'dfellow,  or  when  or  where  to  sjK'ak  his  mind. 

One  day  a  gi'oup  of  men,  gathered  in  the  bar-i-oom 
of  the  Union  ]lotel,  stood  talking  somewhat  too 
loudly  and  vehemently  against  the  '  stranglers,'  when 
Mr  Kyckman  stejiped  in  foi-  his  luncheon.  After 
listening  attentively  for  a  lew  moments,  though  with- 
out a'ppearing  to  notice  them,  he  stepped  uj)  to  out; 
ol'  the  chief  s])eakers,  a  wealthy,  intluential  man,  whom 
he  Will  knew,  and  called  him  aside,  saying  he  wished 
to  speak  a  word  with  him.  When  they  were  alone 
IJyckman  drew  from  his  pocket  an  imprint  of  the 
watchful  eye,  the  end)lenj  of  the  organization,  anil 
showing  it  to  him,  said: 


ESPIONACE. 


i-»OfJ 


"  The  Committeo  will  see  you  at  tlicir  rooms  this 
cveiiinijf  at  eight  oVUk'Iv." 

"My  God,  Ryckinaul  wliat  do  you  mean?  Surely 
you  are  not  one  of  them  (" 

"I  mean  what  J  say,"  answered  liyckman.  "These 
men  are  stakinjjf  their  lives  and  fortunes  for  the  unm- 
oral ij^ooil,  and  they  shall  not  he  vilified  in  my  hear- 
UMX  hehind  their  hacks.  If  vou  have  anv  eharijes  to 
make,  and  will  suhstantiate  them,  they  will  listen  to 
your  accusation  ajj^ainst  themselves,  or  any  one  of 
their  numher,  as  dispassionately  as  they  will  listen  t(» 
my  aecusatit)n  airainst  you.  (Jood-day.  You  will  he 
there  at  the  appointed  hour." 

As  Ryckman  moved  otf,  his  <|uondam  friend  siM/ed 
hold  of  him,  and  in  the  most  piteous  terms  hejjcii^ed  him 
to  recall  the  oi'der  I'or  his  airest,  promisinu^  ii'sjtectful 
])i'udence  lor  the  future.  With  some  furtlu'r  words 
of  admonition,  to  this  at  lenij^th  Ryckman  was  con- 
strained to  yield  assent,  and  so  left  him. 

The  serLjeant-at-arms  reports,  at  thi>  meetinjjj  of 
July  4th,  nunduTs  ,'{17,  2t>4,  and  *2.'U>  as  injurious  to 
the  Committee,  an<l  thenceforth  those  members  were 
refused  admission. 


Poi-.  TuiD.,  Vol.  I.    15 


If 


t 


:-:| 


u 


ill  m 


■ 


U 


CHAPTEK  XV. 

JOHN  JEXKINS,  NOLENS  VOLENS. 

A  dismal  universal  hiss,  the  sound  of  public  scom. 

Miltoii. 

y 

In  Washington  Block,  on  Long  Wharf,  was  the 
shipping  office  of  Mr  Virgin.  It  was  customary, 
under  the  reckless  regime  of  that  business  epoch,  for 
merchants  and  others  to  leave  their  offices  unlocked 
during  the  day,  coming  and  going  at  pleasure,  while 
in  the  drawer  or  money-box  might  be  thousands  of 
dollars  in  gold.  Prior  to  this  time  it  was  even  more 
common.  Mr  Neall  informs  me  that  in  1849,  often 
on  Sunday  he  would  tie  his  tent  strings,  take  his  gun, 
and  march  oft'  over  the  sand-hills,  leaving  thus  exposed 
his  stock,  and  sometimes  fifty  thousand  dollars  in  gold 
dust  locked  in  a  little  iron  box  which  one  blow  of  a 
hammer  would  shiver.  This  spirit  of  indifference  to 
money  among  money-making  men,  and  the  absence  of 
suspicion  between  those  so  lately  strangers,  is  one  of 
the  strangest  characteristics  of  the  times.  It  is  no 
wonder  that  the  men  of  Svdney,  accustomed  to  the 
ponderous  vaults  which  barred  their  fingers  from  the 
property  of  their  English  brethren,  should  laugh  with- 
m  their  hearts  at  the  shrewd  simplicity  of  these  care- 
less money- getters. 

Like  his  neighbors,  Mr  Virgin  kept  his  money  in  a 
small  iron  safe,  such  as  a  strong  man  could  easily 
carry,  and  on  leaving  his  office  he  never  thought  of 
lockinsx  the  door.  There  was  a  stranger  ^Ir  Virgin 
had  noticed  several  times  of  late  lounging  about  the 
wharf;  a  tall,  powerful  man,  with  keen,  restless  eyes, 

( '220 ) 


THE  ROEBERY. 


m 


though,  as  the  shipping  agent  imagined,  a  somewhat 
sinister  expression  about  the  face.  He  was  just  the 
person,  one  would  think,  successfully  to  cope  with 
difficulties  in  virtuous  endeavor  in  such  a  place  as 
California.  Indeed  he  once  entered  Mr  Virgin's  office 
and  spoke  of  passage  to  the  upper  country  and  of  the 
several  chances  for  an  honest  man  in  various  parts; 
and  although  to  the  intuitive  perceptions  of  the  Cali- 
fornian  these  lacked  the  genuine  ring  of  honest  pur- 
pose, the  shipping  agent  tliought  little  of  it,  as  there 
Avere  hundreds  of  adventurers  who  came  to  him  daily, 
destined  they  knew  not  whither. 

For  several  days  this  man  had  been  lurking  about, 
awaiting  such  time  as  would  at  once  fmd  this  office 
empty  and  the  coast  clear  without;  for  the  truth  is, 
the  Sydney  stranger,  for  such  he  was,  had  some  time 
since  resolved  to  appropriate  to  himself  in  one  lumji 
tlie  proceeds  of  many  laborers  rather  than  to  go  and 
dig  for  himself  There  was  greater  risk  in  such  ad- 
venture, and  greater  skill  required  in  its  achievement, 
but  he  would  undertake  it. 

The  time  chosen  was  Tuesday,  the  10th  of  Juno, 
1851,  toward  the  dusk  of  evening.  Mr  Virgin  was 
absent  from  his  office  attendin<j:  to  the  sailiny;  of  <tiio 
of  his  vessels,  and  the  attention  of  loungers  about  tlu; 
M'harf  was  momentarily  called  in  the  same  direction. 
It  was  a  bold,  a  brazen  thing  to  do;  one  would  think 
the  chances  altogether  against  the  thief  And  so  they 
were;  but  when  philosophers  in  some  certain  quarters 
of  their  mind  are  such  fools,  when  the  ablest  scholars 
in  science,  divinity,  and  jurisprudence  as  a  rule  in- 
dulge each  in  some  quaint  absurdity  of  so  simple  a 
nature  as  to  call  to  the  face  of  homely  conmion-sense 
a  smile,  surely  we  should  not  look  for  perfection  in 
skilled  villainy.  It  is  asking  too  much  of  the  genius 
of  rascality  that  every  thread  of  logic  in  its  hypotheses 
sliould  be  equally  strong  while  the  genius  of  morality 
is  often  so  bat-blind  and  owlish. 

He  would  try  it.    Throwing  round  him  one  last 


I 

If 


t! 


JOIIX  JENKINS!,  NOLENS  VOLENS. 

liurricd  glance,  he  tliencefortli  shut  his  eyes  to  con- 
sequences, and  stepping  into  the  office  ho  seized  the 
sale,  sHj)ped  round  the  building,  and  dropping  it  into 
a  boat  ready  for  the  ])ur])ose,  shot  from  the  wharf. 
It  was  all  done  in  an  instant;  and  once  out  upon  the 
Bay  with  his  prize  he  did  not  stop  to  see  what  was  to 
come  of  it,  but  pulled  away  with  all  his  might  for  the 
op])osite  shore. 

VirLfin  shortly  returned  and  missed  his  safe.  Raising 
the  alarm,  he  soon  found  sc!V(,'ral  who  had  seen  the 
man  with  his  burden,  and  instantly  a  dozen  l)oats 
were  in  hot  ])ursuit. 

At  such  a  time  every  riglit-thiidving  man  made  his 
neighbor's  cause  his  own.  This  was  another  of  the 
})eculiarities  of  Californian  cliai-acter  incident  to  tlu; 
times.  I  do  not  mean  to  say  that  it  is  unconnnon  or 
less  natural  lor  virtue  to  band  lor  self-[>rotection  than 
for  vice;  but  in  California  moi-e  tlian  elsewhere,  and 
then  more  than  now,  there  was  manifest  a  fratei-nal 
feeling  among  both  the  good  and  tlie  bad  such  Jis  I 
have  never  witnessed  elsewlu'rc  In  coming  hither 
all  were  strangers  in  a  strange  land;  all  had  nmch  in 
(ronunon;  each  carried  his  Ibrtune  in  his  own  hand; 
in  the  absence  of  firm  general  rule  each  aloiu?  felt 
unprotected;  hence  tlieri;  was  more  than  ordinarily 
apparent  that  natural  uniting  instinctive  to  weakness. 

One  boat  with  but  a  single  oarsman,  even  though 
he  were  a  strong  man  whose  life  de|>ended  on  his 
exei'tion,  was  no  match  for  a  dozen  boats  well  manne<l 
])y  skilful  rowers;  so  the  thief  soon  saw,  as  he  would 
say,  that  the  game  was  up.  ]iut  they  should  not  have 
the  mon(>y  though  he  swung  for  it.  What  he  could 
not  enjoy  they  should  not.  Jlalf  the  battle  would  be 
won,  though  they  should  caj)ture  him,  if  he  could 
cheat  them  of  one  of  the  objects  of  their  eag(;r  \)uv- 
suit;  so  he  threw  the  safe  overboard  and  i)ulled  away 
harder  than  ever. 

J]ut  all  in  vain;  for  presently  ho  saw  his  head  siu- 
rounded  by  twenty  o[)en-mouthed  pistols,  each  thirsty 


BEFORE  THE  COMMITTEE. 


220 


to  drink  lii«  life.  Tlie  cull  to  stop  was  unnocoR.saiy ; 
the  thief  rested  on  lii.s  oars  and  was  a  ])risoner.  Tlu; 
spot  was  marked  by  liis  pursuers  wliere  the  sale  wns 
dn^pped;  and  while  some  stop])ed  to  fisii  it  out,  which 
was  successfully  accomplished,  others  conveyed  the 
j)risoner  to  the  new  tribunal  of  the  peoj)le,  as  the  one 
most  projx.'r  to  administer  justice  accordinjjf  to  tlu! 
temper  of  the  times.  Two  or  three  policemen  made 
their  a])i)earance  alter  the  man  was  taken,  and  su^- 
^ested  that  they  had  a  .^al'e  and  ja-oper  [dace  for  him; 
but  they  were  told  not  to  disturb  their  sleep  by  lookiii'Lj 
aftei"  other  people's  pi'isoners. 

The  citii^ens'  meetlnj^  at  Brannan's  stores  on  this 
Tuesday  niLjht,  as  v*e  have  seen,  was  adjourned,  id- 
tliou'^di  the  mend)er.s  of  the  newly  or^^anized  association 
had  not  dispersed.  While  they  were  conversing  upon 
ad'aii's  yt;t  up[)ermost  in  their  min<ls  a  knock  was  heard, 
and  word  came  in  that  a  thief  had  been  taken,  and 
that  his  cajttoi's  waited  v  ith  him  outside.  They  were 
ordered  in.  (^)uicker  than  had  l)een  surmised  was  here 
ail  op])ortunity  to  test  the  lU'W  machinery,  and  see 
how  the  so  lately  imj)rovised  judicial  enj^'ine  under 
Mction  would  l)ehave. 

.\s  the  prisoner,  dosi'ly  guarded,  entered,  the  C.di- 
I'ornia  (.'ompany's  bell  soimded  the  alarm,  calling  all 
good  citizens  to  i-ally  to  tin'  supjiort  of  their  Com- 
mittee. The  thing  was  not  done  stealthily,  midei' 
cover  of  darknes«,  as  we  havt.'  so  often  Ijeeii  told.  I 
have  it  on  the  authority  of  Mr  Xeall  himself  that  his 
associate,  Mr  Oakes,  with  a  bilU.'t  of  wood  in  his  own 
hand,  struck  the  bell  twenty  times  and  more;,  three 
strokes  and  a  pause  each  sounding,  such  being  the 
signal  agreed  on. 

Still  surrijunded  by  his  captors  with  cocked  pistols 
ill  their  hands,  the  jirisoner  was  placed  before  his 
judges,  Kough,  tall,  powerful,  of  line  ])hysi(|Ue,  with 
Knglish  dj'ess  and  cast  of  feature,  he  stood  glaiiiig 
deliance  through  the  dim  candle-light  like  a  foiled 
Argantes.    lie  was  an  Australian  convict,  and  known 


230 


JOHN  JENKINS,  NOLENS  VOLENS. 


to  miiny  present  as  an  old  offender.  Simpton  war;  his 
true  name,  but  lie  called  himself  John  Jenkins;  and 
in  so  far  as  this  apparent  predilection  is  concerned  wo 
will  humor  him,  and  so  pass  him  to  posterity.  Ho 
was  a  vicious-looking  man,  a  desperate  character,  who 
o;i  many  occasions  liad  eluded  justice,  and  his  record 
would  entitle  him  to  the  severest  punishment.  All 
this  coultl  be  easily  proven. 

Few  who  heard  the  strokes  upon  the  California 
Company's  bell  on  that  night  knew  the  exact  purport 
of  its  sounding.  They  knew  that  the  confused  events 
of  the  last  several  months  had  boded  dire  combustion ; 
but  speaking  little,  each  joined  the  throng,  which  was 
soon  discovered  to  be  leading  to  the  little  frame  house 
standing  on  the  corner  of  Bush  and  Sansome  streets. 

The  executive  committee  immediately  organized  as 
a  court,  with  the  president,  Samuel  Brannan,  as  chief 
iudu'e,  and  the  members  of  the  Committee  as  associate 
judges.  The  sergeant-at-arms  was  required  to  clear 
the  rooms  of  all  save  tlie  members  and  officers  of  the 
tribunal,  which  now  numbered  about  seventy  names. 
Tlie  case  was  then  opened  and  testimony  taken.  To 
l>rove  the  last  offi;nce  was  a  simple  matter,  as  there 
were  jircsent  many  well  known  and  highly  credible 
witnesses  fresh  from  the  scene.  It  was  then  proposed 
to  inquire  into  his  previous  conduct,  and  bring  testi- 
mony, if  obtainable,  in  regard  to  former  crimes.  This 
was  easily  done,  as  there  were  those  present  in  the 
gathered  multitude  without  who  know  him  well,  and 
his  act^  were  bold  and  recent.  A  committee  was 
apjiointed  to  obtain  witnesses  for  the  accused. 

Both  before  and  after  the  arrest  of  Jenkins  quiet 
and  good  order  prevailed.  Within  the  committee 
room  there  was  no  undue  excitement,  and  without 
there  was  no  disturbance.  Yet  notwithstandini;  the 
general  calmness  there  was  no  little  nervousness  be- 
neath the  surface  of  things.  Here  was  a  desperate 
deed,  unparalloled  in  its  audacity,  done  in  the  teeth 
and  at  the  very  moment  of  the  vigilance  organization. 


CONDEMNED. 


881 


At  one  time  during  tlic  proceedings  there  appeared 
to  be  some  faltering  on  the  part  of  the  judges,  or 
rather  a  hesitancy  to  take  the  lead  in  assuming  re- 
sponsibility, and  braving  what  might  be  subsequent 
odium.  It  was  one  thing  for  a  half-drunken  rabble  to 
take  the  life  of  a  fellow-man,  but  quite  another  thing 
for  staid  church-fjoinfj  men  of  business  to  do  it.  Then 
it  was  that  William  A.  Howard,  a  man  of  impetuous 
bravery,  after  watching  the  cooling  zeal  for  a  few 
moments,  rose,  and  lajnng  his  revolver  on  the  table, 
looked  about  over  the  assembly;  then  in  slow,  clear 
enunciation  said:  "Gentlemen,  as  I  understand  it, 
we  are  here  to  hang  somebody  I"  The  look  and  man- 
ner were  enough;  there  was  no  more  halting. 

The  trial  lasted  until  eleven  o'clock,  when  the 
prisoner  was  conducted  to  an  adjoining  room,  and  the 
jury  were  called  to  render  their  decision.  The  ver- 
dict was  unanimous;  the  prisoner  was  guilty  and 
should  be  hanged. 

"When?" 

"The  sooner  the  better;  immediately.  Safety  de- 
manded prompt  action  in  the  exercise  of  this  now 
expedient." 

Ryckman  entered  the  prisoner's  room  and  made 
known  to  him  the  decision  of  the  tribunal, 

"Bosh I"  was  the  only  reply. 

"Tell  me  truly,  what  is  your  name?"  asked  Ryck- 
man. 

"  John  Jenkins." 

"  Mr  Jenkins,  you  are  to  die  before  daybreak." 

"  No,  I  am  not." 

"Have  you  any  money  or  message  to  send  your 
friends?" 

"  No." 

"  Do  you  wish  me  to  write  to  any  one  for  you?" 

"  No." 

"  Can  I  do  anything  for  you?" 

"Yes;  give  me  some  brandy  and  a  cigar."  These 
were  given  him.     He  drank  deep,  and  smoked  with 


!l^ 


JOIIX  JEXKIXS,  XOLEX.S  VOLEXS. 


i! 


a  relish.  Mr  Ryckmaii  then  asked  tlic  coiideinnccl 
if  he  would  like  a  clergyman;  and  if  ho,  of  what 
denomination.  Jenkins,  after  receiving  repeated  as- 
surances that  his  death  was  near,  intimated  that  if  ho 
must  have  one  he  would  prefer  an  Episcopalian; 
accordingly  the  Rev.  Mr  Mines  was  sunnnoned  and 
came  immediately. 

Mr  Mines  had  not  been  long  alone  with  the  pris- 
oner before  the  Conmiittee  began  to  be  impatient.  It 
was  the  sentiment  of  the  meeting  that  prayers  and 
exhortations  should  be  short,  as  well  as  trials  and 
executions.  The  police  might  rally  and  attempt  a 
rescue;  then  Broderick,  too,  was  out  with  all  his  force, 
and  strongly  opposed  to  the  Committee.  At  last  Mr 
R^'ckman  could  curb  his  restlessness  no  longer,  and 
entering  again  the  prisoner's  room,  he  said:  "Mr 
]\Iincs,  you  have  now  consumed  throe  quarters  of  an 
hour,  and  I  want  you  to  bring  this  prayer  business  to 
a  close.  I  am  going  to  hang  this  man  in  fifteen  min- 
utes." 

Throughout  the  entire  ])rocccdings  the  bearing  of 
the  prisoner  was  defiant  and  insulting.  He  confidently 
expected  to  be  rescued  at  any  moment,  and  openly 
intimated  as  much.  Indeed,  while  the  trial  was  in 
l)rogress  the  Committee  were  informed  by  its  officers 
that  already  the  rouijfhest  characters  throughout  the 
city  were  fully  apprised  of  the  organization,  and  they 
knew  that  one  of  their  number  was  that  night  taken 
before  it.  ]Mingling  with  the  crowd  around  the 
buildin!^:,  listeninij  to  what  was  said,  and  watchinu: 
those  that  enter(.'d  and  came  out,  it  was  easy  to  see 
that  something  unusually  stern  was  going  on  within; 
and  they  migiit  v/ell  infer,  if  they  purposed  to  save 
their  comrade,  they  had  best  rail}"  to  his  rescue  soon. 
When  the  verdict  of  the  jury  was  told  the  piisonci-, 
he  heaped  on  them  maledictions  and  told  them  to  do 
their  worst. 

The  sentence  of  immediate  execution  was  opposed 
by  some,  on  the  ground  that  it  was  neither  manly 


TESTING  PUBLIC  OPINION. 


233 


ted 


nor  politic.  "To  hang  liini  at  night,  in  such  hot 
haste,"  said  Coleman,  "would  be  to  lay  at  our  door 
an  undeserved  imputation  of  cowardice.  Though  our 
judgments  be  in  secret,  our  deeds  should  be  visible 
in  the  l)road  light  of  open  day;  let  this  unfortunate 
man  be  held  till  morning,  then  let  him  be  hanged  by 
the  light  of  the  rising  sun."  This  sentiment,  however, 
found  few  supporters;  and  when  the  clergyman  came 
in  soon  after  and  reported  the  criminal  impenitent, 
when  he  informed  them  that  for  his  prayers  he  re- 
ceived naught  but  curses,  those  who  had  advised  delay 
gave  way  and  offered  no  further  objection  to  inune- 
diate  action. 

While  this  was  going  on,  it  had  been  thought  best 
to  test  the  (juality  and  sentiment  of  the  pe(>[)le  sur- 
rounding the  building,  to  tell  them  what  tlie  Com- 
mittee had  done,  and  what  it  now  proposed  to  do. 

"  Sam,  you  go  out  and  harangue  the  crowd,"  said 
Ryckman  to  Brannan,  "while  we  make  ready  to 
move."  Mr  Brannan  assented,  first  asking  Mr  James 
C.  L.  Wads  worth  to  accompany  him.  The  two  gentle- 
men went  out,  and  the  crowd  opened  a  passage-way 
ft)r  them.  Mr  Brannan  was  a  ht  match  for  lighting 
the  poi)ular  flame.  As  ready  in  the  use  of  invective 
as  the  gi'cat  high-priest  of  his  Mormon  order;  as  full 
of  oaths,  as  ilatly  coarse,  and  roundly  ribald  as  a  chief 
of  banditti,  no  one  was  more  apt  in  such  an  emer- 
gency than  he.  Ascending  the  mound  of  sand  oppo- 
site the  old  Bassette  House,  ^Ir  Brannan  poured  forth 
a  torrent  of  words  such  as  would  di'own  a  pliilij)[)ic  of 
])emosthencs.  He  abjured  the  law-courts,  execrated 
the  judges,  and  taunted  the  peoide  for  tlieir  tame 
submission  to  criminal  rule.  Finally  he  informed 
them  that  ho,  in  company  with  ]\Ir  Wadsworth,  had 
been  deputed  by  the  Connnittee  to  report  what  they 
had  done.  After  an  impartial  trial  the  jirisoner  had 
been  found  guilty  and  sentenced  to  be  hanged,  the 
execution  to  take  place  on  the  phiza  in  one  hour.  A 
clergyman  had  been  sent  for,  and  all  things  slK>uld  be 


234 


JOHN  JENKINS,  NOLENS  V0LEN3 


I 


i     ':      '4 


done  in  accordance  with  the  solemnity  of  the  occasion; 
and  he  cliargcd  the  people,  as  they  valued  the  peace 
and  dignity  of  the  commonwealth,  to  make  no  rush 
or  disturbance  durinuj  the  solemn  scene  which  was  to 
follow,  assuring  them  that  the  Committee  would  en- 
deavor to  conduct  everything  to  their  satisfaction. 

"And  now,"  said  he,  "tell  me,  does  the  action  of 
the  Committee  meet  with  your  approval?" 

A  mingled  shout  of  'ays'  and  'noes'  went  up 
from  the  crowd,  with  cheers  and  cries  of  "Who  is  the 
speaker?"  "Who  are  the  Committee?"  "No  names  I" 
"No  names  I"  The  'ays'  were  larixely  in  the  ma- 
jority,  and  the  crowd  moved  off  toward  the  plaza. 

A  connnittee  was  then  appointed,  consisting  of 
Coleman,  Wakeman,  and  Schenck,  to  select  a  place 
and  make  arrangements  for  the  execution,  and  to  re- 
port as  soon  as  possible.  The  three  men  set  out  at  a 
round  pace  on  their  mission,  and  although  it  was  then 
after  twelve  o'clock  they  found  the  city  sleepless,  and 
the  streets  alive  with  people.  There  seemed  to  be 
something  magnetic  about  the  old  plaza,  for  whenever 
young  San  Francisco  had  any  special  prank  in  hand 
that  was  almost  sure  to  be  the  play-ground  chosen. 
After  discussing  the  advantages  of  several  points,  the 
three  midnight  gibbet-hunters  linally  settled  upon 
making  use  of  the  old  adobe  custom-house  building 
then  standing  in  the  plaza.  No  sooner  had  they 
arrived  at  a  decision  than  a  messenger  was  despatched 
to  head-quarters,  saying  that  all  would  be  ready  in 
fifteen  minutes.  The  arrangements  were  soon  com- 
pleted. A  rope  was  thrown  over  a  high  beam  of  the 
veranda  at  the  south  end  of  the  building,  a  noose 
was  made  at  one  end  of  it,  and  all  was  ready. 

At  half-past  one  the  door  was  thrown  open,  and 
the  members  of  the  Committee  passed  out  into  the 
street.  There  they  found  that  the  people  had  not 
been  wholly  unmindful  of  them;  for  two  large  ropes 
had  been  procured  and  were  held  by  lines  of  men  on 
either  side  of  the  entrance,  leaving  a  passage-way  for 


MARCH  TO  THE  PLAZA. 


'-Mj 


the  Committee, aiul  at  tlie  same  time  formini:]^  a  l):inie'r 
to  protect  them  from  the  j)ressure  of  the  crowd.  The 
Committee  then  formed  within  the  ropes,  in  two  lines 
of  two  ahreast ;  the  prisoner, hound, and  uncku- a  stron«jf 
H'uard,  was  placed  hetween  them;  tlie  hnes  wei-e  then 
closed  at  either  end,  and  thus  they  marched  (juickstep 
towartl  the  plaza. 

Among  the  numher  was  little  Georj^e  Ward,  as 
hrimful  of  snap  as  a  lire -cracker,  and  as  hrave  as 
Jack  the  Giant-Killer.  As  he  marched,  marched 
away,  hrandisliini^  his  weapon  as  one  hent  on  douui'hty 
deeds,  Xed  Wakeman  cried  out,  "Take  the  pistol 
away  from  that  hoy;  he  will  hurt  somel)odyl" 

]>efore  marchinL(,  Bluxome  tapped  his  revolver  and 
said  to  the  prisoner:  "In  any  attempt  which  may  he 
made  to  take  you  out  of  our  hands,  at  the  first  move- 
ment you  make  to  escape,  you  die.  That  is  my  pai't 
of  this  night's  progrannne."  "Yes,  sir!"  chimed  in 
Ward,  "if  the  police  attempt  to  seize  you,  sir,  we 
will  blow  your  head  oft",  sir'" 

As  the  Committee  started  their  prisoner  on  his  last 
earthly  walk  the  California  (Company's  hell  tolled  the 
death  knell  of  the  condcnmed,  striking  in  the  stillness 
of  the  night  upon  the  ears  of  that  outraged  community 
with  awful  solenmitv.  Fainter  and  fainter  the  strokes 
were  heard,  like  the  dying  of  earthly  sounds  to  tlie 
(le})artiiig  soul,  as  the  column  marched  away;  hut 
as  it  neared  the  scene  of  execution  the  Monumental 
( "ompany's  bell  struck  clear  and  full  upon  the  ear. 
Ah  I  then  and  since,  at  the  tolling  of  that  ^lonu- 
iiuntal  bell,  how  the  consciences  of  its  hearers  were 
]  iricked;  how  to  guilty  souls  accusing  voices  whis|)ered; 
liow  hearts  sank,  and  breaths  thickened,  and  limbs 
Ivembled,  until,  like  Eugene  Aram,  they  were  seized 
with  an  irresistible  imi)ul  >e  to  confess  their  sins  and 
yield  themselves  up  to  ju.sticol 

^lean while  the  officers  of  the  law  and  the  des- 
]>eradoes  had  not  been  idle.  'Choir  emissaries  kept 
tliem  fully  informed  as  to  the  movements  about  the 


.1 


230 


JOHN  JENKINS,  NOLENS  VOLENS. 


Comrnlttco  morns;  and  wlien  the  column  formed  In 
IVont  of  the  door  tliey  (juiekly  knew  it,  and  determined 
on  an  attaek,  Colleetini''  ahoiit  the  corner  of  Clay 
and  Kearny  streets,  tlu;v  waited  the  ai)proa('hin_i;  j)r()- 
oession,  But  the  ViLjilance  Connnittee  w«.'r(;  matle 
aware  of  their  intention,  and  were  j)re])ared  for  them. 
All  had  their  wea})()ns  ready,  and  were  tletermined,  if 
neeessarv,  to  use  them.  If  thwarted  now  they  felt 
that  they  mi<jht  almost  as  well  ahandon  the  country 
as  attem].)t  its  ])urjj[ation  further.  As  they  ai)|)roached 
the  plaza,  Benjamin  Hay,  chief  of  police,  made  a  dash 
for  the  })risoner;  but  this  was  more  a  feint  made  under 
color  of  duty  than  a  real  attem})t  at  rescue,  lie  was 
easily  thi-ust  aside,  and  then  was  jjlaiidy  told  that  he 
had  better  keep  awa3\  The  desperadoes  were  next 
U]ion  them,  but  they  were  beaten  back  without  much 
ditKcultv,  and  the  cohunn  continued  its  way  unbroken. 
Near  the  centre  of  the  j)laza  stood  the  liberty  pole; 
and  as  they  entered  the  square  some  thought  the 
purpose  was  to  use  it  as  a  gallows. 

''  No,  no!  not  there'"  they  shouted.  "Don't  dese- 
crate the  liaixl"  So  said  the  um'easoning  ral)ble;  for 
if  it  was  a  righteous  deed  that  was  to  be  dcjne  how 
would  it  hurt  the  Hag? 

Some  confusion  ensued;  but  soon  the  patriotic 
populace  was  made  aware  tl  j  such  was  not  the  in- 
tention, and  all  was  quiet  again.  Arriyed  at  the  south 
porch  of  the  old  adobe,  the  [)i-isoner  was  placed  beneath 
the  roj)e,  which  passed  through  a  pulley  fastened  to 
the  railing  of  the  yeranda,  and  about  half- past  two 
the  noose  was  adjusted  round  his  neck. 

"  Eyery  loyer  of  liberty  and  good  order  lay  hold!" 
cried  Brannan;  and  scarcely  were  the  words  uttered 
when  fifty  hands  grasped  the  roi)c,  and  with  a  sudden 
jerk  which  broke  his  neck  tho  unfortunate  man  was 
lifted  upward,  and  his  guilty  soul  shot  hence  into  the 
unknown  realm  of  the  beyond. 

During  the  latter  part  of  this  tragic  scene  tho 
conlemned  had  manifested  the  utmost  indifference. 


RHSrOXSIDILITY. 


237 


Thoufrli  lie  well  know  that  tlio  failure  of  tho  fraternity 
to  roseue  hini  scaled  his  doom,  ho  wa.s  oalni  and 
couraufooUH  to  tho  last.  Ho  niarcliod  to  his  doatii 
with  firm  stop  and  fearless  oyo,  smoking  tho  while, 
and  died  with  a  cigar  in  his  mouth. 

Tlie  hodv  was  U^ft  iian<nnu,  under  a  strong  citizens' 
guard,  until  six  o'clock,  when  it  was  given  up  to  tho 
authorities,  and  was  cut  tlown  hy  tho  city  marsjial. 
Two  hundred  and  eighteen  dollars  were  found  in  tho 
])ockots  of  tho  deceased,  which  wont  to  defray  the 
burial  o  vponsos. 

While  it  was  ahsi.lutely  necessary  that  the  Vigilance 
Connnittoo  should  keep  its  own  counsel,  that  its  in- 
vestigations and  intentions  should  rest  a  profound 
secret  in  the  breast  of  the  few,  the  meml)ors  wore  no 
loss  determined  tliat  every  one  of  their  acts  should  l)o 
performed  as  under  the  eye  of  God,  as  under  the 
direction  <  f  a  pure  conscience,  and  should  be  such  as 
niiglit  li't  r  ..V  the  alter  scrutiny  of  tlieir  fellow-men. 
Some  now  felt  the  resj)onsihility  so  burdensome  th.at, 
whiK'  their  hoai'ts  were  in  thi,  cause,  their  courage  was 
made  ci-avon  by  fears  of  tho  consequence.  IJut  of  tho 
executive  connnittoo  there  were  comparatively  few  so 
sti'icken.  Some  natures,  ijfood  enouiih  in  their  way, 
shrink  from  dangerous  responsibility;  some  ai'o  cowards 
by  instinct.  Such  the  stronger  souled  bowed  kind  God- 
sj)eed  to  tho  connnittoo  room  dooi',  and  l)a<lo  them  go, 
then  turned  their  thouglits  to  jjractical  justice.  Up 
to  this  time  no  oath  of  secrecy  had  been  administered 
to  mond)ers  of  tlio  Gonnnittee;  all  that  was  re(iuired 
for  admission  into  tlio  society  was  a  rocommonchition 
from  a  member  who  vouched  for  the  character  of  the 
applicant. 

The  testimony  of  Mr  IBrannan  at  tho  coroner's 
inquest,  held  tho  day  following,  further  illustrates 
tho  objects  of  the  association  and  the  manner  in 
wliich  the  trial  was  conducted.  But  it  must  l)o  re- 
membered that  the  t)porations  of  tho  Committee  were 


238 


JOHN  JENICmS,  NOLENS  VOLENS. 


not  then  systomatizod  in  all  their  parts,  nor  did  Mr 
Brannan  deem  it  prudent  to  tell  all  he  knew.  Some 
questions  he  declined  to  answer.  What  he  said  was 
as  follows:  Tliat  he  first  saw  the  man  at  the  corner 
of  Bush  and  Sansomc  streets.  Two  men  held  him 
by  the  arms,  who  said  that  they  had  arrested  him. 
He  was  not  then  handcuffed  or  pinioned.  He  was 
tried  fairly,  by  sixty  or  eighty  persons,  and  the  ver- 
dict of  guilty  was  unanimous.  The  jury  impanelled 
themselves;  they  were  composed  of  the  committee 
of  safety,  all  citizens  of  the  town.  He  had  heard 
throats  made  against  the  lives  and  property  of  the 
members;  a  prisoner  in  the  county  prison  swore 
that  he,  Brannan,  should  not  live  ninety  days.  Ho 
knew  of  nothing  done  by  the  Committee  that  they 
would  conceal  from  the  officers  of  the  law  under 
proper  circumstances. 

On  the  other  hand.  Hall  McAllister  testified  that, 
going  to  the  committee  rooms  about  twelve  o'clock, 
he  endeavored  to  obtain  admittance,  but  was  re- 
pulsed. He  saw  others  give  the  countersign  and 
enter,  each  whispering  to  the  door-keeper  the  pass- 
word, which  obtained  him  entrance.  He  neither 
participated  in  the  proceedings  nor  sympathized  with 
the  party;  later  he  was  disgusted  at  what  he  deemed 
an  outrage. 

"No  man  need  be  afraid  to  let  his  children  know 
the  part  he  took  in  that  transaction,"  writes  the 
editor  of  the  Courier,  three  days  after  the  event. 
Speaking  of  the  constitution  and  by-laws  of  the 
Vigilance  Committee,  which  ap})eared  in  the  public 
prints  of  the  13th  of  June,  signed  by  the  then  exist- 
ing members,  the  Herald  says:  "If  any  guaranty 
were  re<iuisite  of  the  justice  and  fairness  of  the  pro- 
ceedings of  Tuesday  night,  it  is  furnished  in  this  array 
of  names,  the  most  respectable  and  inffuential  in  the 
city.  That  the  Committee  did  not  sit  with  closed 
doors  for  any  sinister  purpose  will  likewise  be  evident 
from  this  voluntary  publication." 


CORONER'S  JURY. 


239 


At  the  coroner's  inquest  the  following  verdict  was 
rendered : 

"  We,  the  jurors  of  a  jury  of  inquest  iinpanclled  by  the  coroner  of  tlie 
county  of  San  Francisco  to  inquire  into  the  cause  of  the  death  of  one  John 
Jenkins,  alias  Simpton,  do  find,  upon  their  oaths,  that  the  said  Jenkins,  alias 
Simpton,  came  to  liis  dcatli  on  the  morning  of  the  11th  of  June,  between  the 
hours  of  two  and  three  o'clock,  by  violent  means,  by  Btran<;ulation,  caused  by 
bc'jg  suspended  by  the  neck  with  a  ropo  attached  to  the  south  end  of  the 
adol>o  building  on  the  plaza,  at  the  hands  of,  and  in  pursuance  of  a  precon- 
certed action  on  the  part  of  an  association  of  citizens,  styling  themselves  a 
Committee  of  Vigilance,  of  whom  the  following  members  are  iuiTiiicated  by 
direct  testimony,  to  wit:  Capt.  Edgar  Wakeman,  Wm.  H.  Joncs,  James  C. 
Ward,  Edward  A.  King,  T.  K.  Battelle,  Benj.  Reynolds,  J.  S.  Eagan,  J.  C. 
Derby,  and  Samuel  Branuan." 

To  which  the  Committee  made  reply: 

"Ilesoived,  That  we,  the  members  of  the  Committee  of  Vigilance,  remark 
with  surprise  the  invidious  verdict  rendered  by  the  coroner's  jury  upon  their 
inquest  upon  the  body  of  Jenkins,  after  we  have  all  notified  the  said  jury  and 
the  public  that  we  are  all  participators  in  the  trial  and  execution  of  said 
Jenkins.  We  desire  that  the  public  will  understand  that  Claptain  E.  Wake- 
man,  W.  H.  Jones,  James  C.  Ward,  Edward  A.  King,  T.  K.  Battelle, 
Benjamiu  Reynolds,  J.  S.  Eagan,  J.  C.  Derby,  and  Sam'l  Brannan,  have 
been  unnecessarily  picked  from  our  number,  as  the  coroner's  jury  have  had 
full  evidence  of  the  fact  that  all  the  undersigned  have  been  equally  impli- 
cated, and  are  equally  responsible  with  their  above  named  associates. " 

This  was  signed  by  one  hundred  and  eighty  mem- 
bers of  the  Committee,  and  published  in  the  pubUc 
journals  of  the  day. 


CHAPTER  XVI. 


THE  SAN  FRANCISCO  EXECUTIVE  COMMITTEE  OF  1851. 


Solid  men  of  Boston,  Ijanish  long  potations; 
Solid  men  of  Boston,  make  no  long  orations. 

Morris. 

The  association  was  admirably  systematized,  dis- 
playing marked  ability  on  the  part  of  the  manage- 
ment. Each  member  of  the  general  committee, 
whether  composed  of  fifty,  five  hundred,  or  five 
thousand  men,  knew  his  place,  knew  exactly  what  to 
do  when  an  alarm  sounded ;  and  further  than  that  he 
knew  nothing.  He  could  keep  well  the  secret  which 
was  never  intrusted  him.  He  knew  enough,  l)ut  not 
too  much;  enough  to  direct  him  on  all  occasions  what 
to  do,  but  not  enough  to  enable  him  to  question  and 
to  cavil. 

It  was  the  duty  of  the  executive  committee  to  see 
that  every  person  brought  before  them  accused  of 
crime  should  have  a  fair  trial;  that  none  should  be 
convicted  upon  less  testimony,  setting  aside  legal 
technicalities  and  court  clap-trap,  than  would  suffice 
to  convict  in  any  respectable  court  of  justice.  The 
executive  committee  made  no  arrests,  unless  it  so 
happened  that  some  member  of  irrepressible  activity 
should  pick  up  a  criminal  now  and  then;  but  it  was 
their  province  to  take  cognizance  of  everything  con- 
nected with  the  association,  great  and  small.  This 
was  the  central  power  round  which  all  interests  re- 
volved. It  was  tlic  inquisition,  the  privy  council,  the 
secret  spring  that  moved  the  ponderous  machinery, 
the  living,  thinking  soul,  of  which  the  general  com- 
mittee was  the  body  corporate.    All  power  was  lodged 

(MO) 


ARREST  AND  EXAMINATION. 


241 


charsfcs  that  sliould  bo  brou«»:ht  afjaiiiist  him. 
mifjlit  tliink  that  a  stranjfer  telhii'L':  his 


in  them;  all  secrets  were  lodged  with  them;  all 
orders  emanated  from  them,  and  every  member  of 
the  association  was  bound  to  obey  unquestioninfi^ly, 
unhesitatingly,  and  as  blindly  as  a  common  soldier 
obeys  his  commanding  officer. 

When  an  "rrcst  was  made,  the  usual  course  was 
iirst  to  confine  ilio  prisoner,  under  guard,  in  a  room 
or  cell  provided  for  that  purpose,  until  an  examina- 
tion could  be  made.  A  sub-committee  was  then  ap- 
pointed by  the  executive  committee  to  make  the 
investigation,  the  results  of  which  were  reported  to 
the  executive  committee  for  final  action.  When 
brought  before  the  Committee,  the  prisoner  was  first 
examined  as  to  his  antecedents,  inquiries  made  into 
his  present  life,  and  then  investigations  'nade  of  any 

■         One 

own  story 
could  deceive  at  pleasure.  But  tliis  was  not  so  easily 
done.  Xo  one  was  arrested  except  for  some  cause. 
Before  and  after  the  arrest  all  information  possiblu 
concerning  the  culprit  was  obtained  and  laid  before 
the  Committee.  The  prisoner  was  unaware  what  his 
inquisitors  knew  or  diil  not  know;  an<l  with  a  scf>re 
or  two  of  sharp  eyes  upon  him,  he  felt  neither  com- 
fort nor  confidence  in  his  lying.  After  the  trial  and 
conviction  of  a  criminal  by  the  executive  committee 
the  case  was  referred  for  approval  and  confirmation 
to  the  ijeneral  connnittee,  who  almost  invariablv 
confirmed  the  decision  of  the  executive  committee . 
Often  a  tale  of  innocence  such  as  an  angel  might, 
tell  was  interrupted  with  questions  like  these:  "  My 
good  man,  do  you  not  know  there  is  net  a  word  of 
truth  in  what  you  are  saying?  Do  you  not  know 
that  you  were  put  on  board  the  Susan  Wright,  bound 
for  Australia,  the  I3th  of  September,  1843,  in  irons» 
and  that  you  came  to  California  with  money  stolen 
at  Hobart  Town?  Do  you  not  know  that  on  the 
night  of  the  fire,  the  4th  of  May,  you  were  in  tlio 
Magnolia  saloon,  and  not  at  San  Josd,  as  you  have 

Pop.  Tbib.,  Vol.  I.    10 


1242 


THE  EXECUTIVE  COMMITTEE  OF  1851. 


said?  Unless,  sir,  you  can  speak  the  truth,  you  will 
be  sent  back  to  your  cell  and  tried  on  more  trust- 
worthy testimony." 

The  records  of  the  executive  committee  begin 
with  the  10th  of  June,  with  Samuel  Brannan  as 
chairman  and  David  S.  Turner  secretary.  At  this 
meeting  it  was  ordered  that  the  captains  of  the  night 
patrol  be  vested  with  full  powers  by  the  executive 
committee  to  act  as  they  might  see  fit;  and  further, 
to  have  the  privilege  of  choosing  for  the  guard  such 
men  from  the  general  committee  as  they  should  please; 
iind  that  the  said  captains  of  patrol  should  be  in- 
structed to  keep  all  information  they  might  acijuiro 
during  the  night  a  profound  secret  pending  the  action 
of  the  executive  committee  to  make  it  known  to  the 
general  committee. 

On  motion  of  Wm.  T.  Coleman  it  was  ordered  that 
all  refreshments  should  ho  })laced  under  the  control  oi' 
the  seru'eant-at-arms,  and  bv  him  dealt  out  onlv  to 
members  on  duty;  and  that  spirituous  licjuors  for  tlu' 
use  of  the  Committee  should  l)e  excluded  from  the 
iliuilding.  It  was  likewi;«ie  directed  that  the  heads  of 
committees  shoulil  bo  instructed  to  keep  secret  all  in- 
formation which  mii»ht  come  to  tlieir  knowledj^e. 
Takiny-  i\w  floor,  ]Mr  l^rannan  urixed  that  some  one 
sliould  wait  Uj)on  the  district  attorney  and  learn  tin- 
particulars  of  a  certain  criminal  case  then  jK-nding, 
and  all  other  matteis  o*'  interest  to  the  cause.  This 
measure  was  resolved  on;  and  also  that  a  committee  of 
ithree  sliould  wait  on  the  mavor  an<l  the  sheriff,  asci-f 
tain  their  strength,  the  strength  of  prisons,  the  con- 
dition of  ])risoners,  and  their  disposition  to  cooperate 
with  the  Committee  in  their  work  of  reform. 

The  last  entry  in  the  first  book  of  minutes  of  tlic 
association  is  under  date  of  July  4,  1851.  Between 
this  date  and  the  oj)eiiiiig  of  the  large  book  of  pro 
cecdings  the  17tli  of  September  the  interval  is  left 
without  record  save  on  loose  papers,  the  writing  on 
which  is  oftentimes  half  ol>l iterated. 


DAILY  DUTIES. 


243 


(Ige. 


pro- 
1  left 


During  the  most  of  this  time,  that  is  to  say  from 
June  to  September,  the  executive  committee  met 
and  lield  court  every  day.  Tliere  was  work  enougli 
to  keen  them  all  busy.  Information  concerning  crimes 
and  criminals  came  i)ouring  in  on  them  from  every 
(juartei .  Individual  informers  and  country  connnittees 
of  vigilance  were  hourly  notifving  the  Connnittee  of 
the  whereabouts  of  felons  who  must  be  hunted  down 
and  brought  to  trial.  With  a  large,  active,  and  en- 
thusiastic police  force  constantly  bringing  up  cases 
ie(|uiring  the  most  careful  consideration;  with  the 
rapid  arrival  of  vessels  having  on  board  convicts  and 
(|UestionabK-  characters,  invtJving  personal  examina- 
tion on  the  part  of  the  agents  or  emissai'ies  of  the 
association  of  hundnds  of  men  and  women;  with  live 
or  ten  j»risoners  on  trial  at  one  time,  requiring  the 
employment  of  counsel,  the  searching  for  and  ex- 
amining of  witnesses,  the  taking  of  testimony  and 
receiving  and  recording  confessions,  of  which  cjass  of 
ilocuments  the  archives  of  the  association  are  largely 
composed;  with  an  occasional  hanging  to  be  done, 
and  a  constant  shipping  away  of  those  so  sentenced 
iy  the  Connnittee — securing  their  passage,  and  laising 
tlie  money  to  pay  it,  and  attending  them  beyond  the 
(Jolden  Gate;  with  the  watching  of  judges,  and  the 
proceedings  of  courts  of  justice;  with  five  hundred 
imjiatient  members  to  satisfy,  who  were  always  eager 
tor  something  to  be  done;  with  the  settling  of  differ- 
ences of  oj)inion  anu)ng  themselves,  and  the  general 
and  particular  care  of  the  workings  of  the  new  and 
strange  machinery-  with  all  this  and  nuich  more,  1 
>ay,  these  judges  had  work  enough  to  do  in  the 
conscientious  execution  of  their  self-imposed  duties. 

It  was  ordered  at  the  meeting  of  the  executive 
(•onnnittee  the  I7th  of  June  that  some  [)lan  of  j)ro- 
ceeding  should  be  adopted  as  to  the  disposition  of 
those  ordeied  to  leave.  They  resolved  likewise  to 
watch  the  proceedings  of  the  trial  of  a  noted  burglar. 
Thi>  next  meeting  directed  the  chief  of  police  to  bring 


MA 


THE  EXECUTIVE  COMMITIEE  OF  1851. 


before  the  Committee  one  under  sentence  of  banish- 
ment, to  hear  what  he  had  to  say  in  his  defence.  The 
testimony  was  very  lengthy,  occupying  the  Com- 
mittee more  than  five  hours.  It  was  all  taken  down 
by  the  secretary  and  filed  with  the  other  papers  in 
the  case.  The  evidence  thus  far  was  rather  against 
him,  and  his  case  was  continued.  Meanwhile  the 
June  fire  occurred,  and  the  wrath  of  the  citizens 
waxed  hot  against  the  supposed  incendiaries.  The 
executive  committee  offered  a  reward  of  five  thou- 
sand dollars  for  the  delivery  into  their  power,  with 
evidence  sufficient  to  convict,  of  any  person  guilty  of 
the  crime  of  arson. 

It  well  became  the  officers  of  the  law  during  the 
movement  of  1851  to  treat  the  Vigilance  Committee 
with  profoun<l  respect.  So  heartily  were  the  people 
in  sympathy  with  the  organization  that  there  was 
little  sentiment  wasted  on  the  rights  and  divinity 
of  law.  The  men  of  law  were  watched  as  doselv  bv 
the  rciorniers  as  were  the  lawless,  and  the  higher  the 
seat  of  corruption  the  sooner  was  It  assailed.  Woe, 
then,  to  him  of  evil  conscience;  be  he  sheriff',  judge, 
or  governor,  his  sins  shall  not  go  unpunished ! 

The  sum  of  ^wq  hundred  dollars  was  voted  the 
captain  of  police,  the  1st  of  Jul}',  for  secret  service 
money.  At  the  same  time  inquiry  was  to  be  made 
into  the  manner  of  the  arrest  of  a  negro  by  an  oflficer 
of  the  law.  The  business  transacted  by  the  Com- 
mittee the  2d  of  July  was  as  follows :  Being  informed 
by  Captain  ^IcGowan,  of  the  revenue  cutter,  of  the 
arrival  of  the  bark  John  Potter  from  Sydney,  a  com- 
mittee of  five  was  appointed  to  visit  the  vessel  and 
report.  Communications,  one  from  the  Committee  of 
Vigilance  of  Santa  Clara,  another  about  a  robbery, 
another  from  the  Vigilance  Committee  of  Marysvillc 
in  regard  to  the  Jansen  affair,  were  read  and  acted  on. 
Captain  White,  of  the  brig  CameOy  bound  for  Sydney 
direct,  informed  the  Committee  that  he  was  ready  to 
take  with  him  any  scoundrels  they  might  wish  to 


INTERCOURSE  OF  MEMBERS. 


245 


send,  at  the  rate  of  one  hundred  dollars  each.  Ho 
promised  likewise  to  give  bonds  for  their  safe  delivery 
at  Sydney  or  Hobart  Town. 

It  was  hardly  to  be  supposed,  as  humanity  is  con- 
structed, that  so  many  men  of  nervous  energy,  of 
independent  thought  and  pronounced  ideas,  sliDuld 
not  differ  warmly  in  their  opinions  on  occasions;  in 
other  words,  that  they  should  never  quarrel.  The 
wonder  is  that  they  could  hold  together  at  all;  that 
the  mercury  in  their  natures  should  so  marry  the 
metal  of  their  minds  as  to  form  a  solid  ball  of  amal- 
gam which  no  infelicities  of  temper  could  dissipate. 
Indeed  their  quarrels  were  never  anything  but  chil- 
(Inii's  quarrels.  So  deep  was  their  respect  for  each 
otl;er,  so  impressed  were  they  with  the  importance 
of  their  undertaking,  and  so  earnest  in  their  purpose, 
that  self  was  swallowed  in  the  common  cause,  and 
])orsonal  pride  and  pique  were  but  the  momentary 
stinging  of  a  gnat.  In  their  high  purpose,  then, 
I  say,  they  were  men ;  in  their  disagreements, 
cliildren. 

In  July,  1851,  Mr  Brannan  sent  in  his  resignation, 
both  as  president  of  the  association  and  as  member  of 
the  executive  connnittec.  It  seems  that  some  sharp 
words  had  passed  between  him  and  ^IcDuffic,  ser- 
geant-at-arms.  As  I  have  said,  ^Ir  Brannan  was  just 
the  man  to  incite  a  revolution,  but  he  was  not  the 
man  to  conduct  one.  The  shot  of  determinate  purpose 
once  fired  from  his  brain,  like  Nelson  at  Copenhagen 
^\itll  his  blind  eye  to  the  telescope,  he  would  not 
sec  the  signal  of  retreat.  There  were  better  men 
tlian  Brannan  for  president:  there  were  fifty  as  good 
as  IMcDuffie  for  sergeant -at -arms.  Yet  these  were 
Itoth  good  and  true  men  in  the  present  emergency. 
Tlie  cause  owed  much  to  Mr  Brannan;  and  that  it 
needed  him  less  now  was  not  sufficient  reason,  in  the 
eyes  of  his  associates,  that  he  should  be  sacrificed  to 
his  own  irascibihty.  So  a  committee  was  appointed 
to  heal  the  feud  between  the  officers;  and  sucli.  w  itli 


24fi 


THE  EXECUTIVE  COMMITTEE  OF  18.J1. 


1)ut  few  exceptions,  was  the  qualit}'  of  magnanimity 
manifested  by  these  men  througliout  their  entire  in- 
tercourse. 

Pavran  was  of  this  Committee  one  of  the  leading 
s[)irits.  He  was  a  man  of  dignity  and  courage,  and 
ready  ahke  with  tongue  or  pen.  lie  liad  heen  a  copy- 
ist in  Phihidel[>hia,  and  took  down  testimony  rapidly 
and  easily.  The  following  incident  illustrates  at  once 
his  character,  and  the  method,  or  rather  the  lack  of 
method,  (.'niployed  by  the  vigilants  in  the  execution 
of  their  commissions: 

It  ha[)pened  that  a  poor  woman  who  had  adopted 
a  young  tilrl,  then  about  ten  vears  of  age,  and  was 
striving  as  best  she  mi<'ht  to  rear  her  chariife  virtu- 
ously,  one  day  rushed  t(t  the  eommittee  rooms  and 
entered  an  a])peal  which  moved  the  hearts  of  all 
present.  Certain  former  associates  of  the  child's 
mother  ha<l  just  then  abducted  the  girl  from  hir 
guardian  and  had  hurried  her  oft'  to  Marysvillc,  there 
to  be  eventually  em[)lovecl,  as  the  woman  was  assured, 
for  vile  [)urposc's.  Pavran  asked  to  be  ap})ointecl  a 
eommittee  of  one  to  recover  the  child. 

"  But  what  can  one  do^"  asked  a  niend)er  of  the 
Committee.  "Marysvillc,  as  yon  are  well  aware,  is 
ruled  entirely  l>y  the  roughs,  of  whom  the  local  com- 
mittee themselves  stand  in  awe." 

"  Nevertheless,  1  will  go,"  said  Payraii.  "All  I 
ask  is  the  authority  of  this  board." 

"  That  you  most  assui'cdly  have,"  replied  the  Com- 
mittee-man; a  sentiment  which  his  fellow-mendiers 
immediately  continned.  "  But  beware  I  there  is  danger 
in  it;  the  child  was  not  taken  to  be  given  up  for  the 
asking." 

"  Trust  me,"  said  Paj'ran.  Arrived  at  iMarysville, 
accompanied  by  the  woman  for  purposes  of  proof  and 
identiHcation,  he  soon  ascertained  the  whereabouts* 
of  the  child.  Without  clis(X)vering  himself  to  its  ab- 
ductors, he  went  (juietly  round  among  the  prominent 
citizens  of  the   place,  stated  the  circumstances,  and 


PAYRAX  AND  WOODWORTII. 


'247 


informed  thoin  of  his  dotcrini nation.  They  warnud 
him  that,  even  if  successful,  his  hfe  sooner  or  hiter 
must  be  paid  as  tlie  price  of  his  temerity.  Assistance 
was  volunteered,  but  not  sufficient  for  the  purpt)se. 
The  authorities  were,  more  than  elsewiiere,  pusillani- 
mous. What  was  to  be  done  ?  Must  lie  return  baffled, 
to  his  associates,  his  expi'cssed  assurance  of  success 
an  idle  boast?    Never  I  at  all  events  not  alive. 

Most  opportunely,  after  a  discoura^inn,^  day,  at  the 
hotel  where  he  was  sto[)pin<jf  there  ai'rived  some 
twenty  miners,  long,  lusty  I'ell  )ws,  with  bi<^  hearts 
and  bushy  heads,  en  route  for  home. 

It  was  just  the  material  lor  the  [>urpose.  Returnint^ 
to  eivilization  in  the  heyday  of  success,  their  muscles 
well  strung',  their  hearts  jjHable,  and  their  (^motions 
easily  excited,  to  those  twentv  rou<»;h  diiXLTcrs  Pavran 
had  but  to  state  the  object  of  his  mission,  when  twenty 
bii;-  round  oatlis  ple(i,i»'ed  twenty  honest  lives  to  sniMsh 
the  t(»wn,  if  necessary;  at  all  events  to  sim.'  Pay  ran 
tliroui*'h.  Just  liefore  the  boat  was  ready  to  ^;tart 
they  sliouldered  their  packs,  and  demanded  to  be 
shown  the  child.  Proceeding  in  a  body  to  the  house 
in  which  the  girl  was  staying,  Pavran  and  the 
woman  enten'd,  and  after  some  trouble  smceeded  in 
getting  the  giil  to  the  door.  Then  each  man  drawing 
his  revolver,  they  formed  a  hollow  square,  with  the 
Woman  and  hei'  child  in  the  centre.  So  they  all 
niarclunl  down  to  the  boat;  and  there  wt)uld  have 
been  hot  and  lively  times  in  ^larysville  that  day  had 
any  ])ersons  Interfered. 

Selim  WiKxlwortli  was  more  than  man  in  some 
thini^s  and  less  than  man  in  others.  In  certain  di- 
rections  he  seemed  inspired  with  superhuman  instincts 
and  superhuman  energy,  while  in  other  ([uarters  ho. 
was  but  a  bov.  He  was  eminentlv  a  Lr<><>d  fellow, 
ojjcn  of  heart  and  countenance,  and  of  tender  sensi- 
bilities—  not  exactly  the  material  one  would  expect  in 
the  captain  of  a  band  of  stranglers — and  it  was  these 
qualities,  perhaps,  that  gave  him  that  air  of  boyishness 


248 


THE  EXECUTIVE  COMMITTEE  OF  1851. 


which  might  easily  be  taken  for  effeminacy  or  a  nature 
trifling.  But  when  it  came  to  duty,  suddenly  all  non- 
sense disappeared,  and  strength  and  courage  came  in 
all  the  glorious  perfections  of  developed  manhood.  In 
money  matters  he  was  the  soul  of  honor.  He  hud 
much  trouble  with  the  squatters,  who  persisted,  like 
flies  about  a  carcass,  in  settling  on  a  lot  which  he 
owned  where  the  Grand  Hotel  later  stood. 

Gcrritt  W.  Ryckman,  the  third  president  of  the 
association,  was  from  Albany,  New  York.  He  came 
to  California  in  the  steamer  l/nicoi'u,  arriving  at  San 
Francisco  the  30th  October,  1849.  I  never  saw  in 
any  human  being  such  reckless  indifference  to  con- 
sequences in  regard  to  the  penalties  to  which  he 
subjectea  himself  in  participating  in  such  a  move- 
ment as  was  manifest  in  Ryckman.  He  was  well 
advanced  in  vears  when  I  first  saw  him;  and  though 
his  voice  was  often  tremulous  in  our  conversations, 
his  whole  frame  shook  with  indignant  energy  when 
he  talked  of  the  threats  and  intimidations  which  were 
constantly  thrown  at  him.  He  possessed  a  wonderful 
faculty  for  gaining  the  confidence  of  the  accused,  of 
winning  them  over  to  make  a  free  confession  of  tiieir 
guilt,  and  that  without  committing  himself  by  promise 
of  pardon  or  otherwise.  The  very  frankness  of  his 
deep  determination  was  contagious.  "I  will  tell  you, 
Mr  Ryckman,"  said  one  poor  fellow  to  him, "  for  I  know 
you  will  do  right;  but  all  hell  couldn't  open  my  mouth 
to  those  others."  His  very  presence  inspired  faith 
and  invited  confidence.  His  broad  face  and  truthful 
searching  eye;  his  features,  massive  with  weighty 
purpose  and  benignant  rectitude;  his  voice  low,  kind, 
but  resolute ;  his  step,  his  bearing,  all  were  indicative 
of  candor,  singleness  of  heart,  and  conscientiousness, 
obdurate,  but  sympathetic  and  unsinful.  Thus  it  was 
that,  while  he  hanged  these  men,  they  not  only  feared 
and  respected  him,  but  they  almost  loved  him.  If 
Mr  Ryckman  had  the  say  about  it,  they  felt  in  some 
way  they  would  be  freed;  and  yet  this  kind  inquisitor 


OERRITT  W.  RYCKMAN. 


240 


of  theirs  was  usually  the  first  to  tell  them  they  de- 
served to  hang,  and  should  be  hanged. 

Often  a  friendly  criminal  has  warned  him:  **  Have 
a  care,  Mr  Ryckman;  keep  your  house  at  night,  and 
take  the  middle  of  tho  street  when  you  walk  to  it; 
there  are  more  than  one  in  this  town  who  have  sworn 
to  kill  you."  "Do  not  be  troubled,"  he  would  reply; 
"  I  have  no  fear.  There  is  not  one  of  them  would 
kill  me  if  he  could.  I  know  it;  and  I  would  trust  my 
life  as  freely  among  them  as  elsewhere.  They  know 
that  what  I  do  is  right;  that  I  bear  them  no  malice; 
that  I  would  do  every  one  of  them  good;  but  they 
must  stop  stealing,  and  burning,  and  butchering,  or  I 
shall  stop  their  breath  as  sure  as  God  made  me." 

Ryckman's  method  of  interviewing  prisoners  is 
worthy  of  notice.  Throwing  into  his  manner  an  air 
of  confidential  yet  dignified  familiarity,  he  approached 
the  culprit  and  opened  tho  conversation  with  what- 
ever topic  he  judged  might  lie  nearest  the  hearer's 
lieart.  He  would  ask  him  of  his  former  days,  of  his 
birth,  parentage,  and  childhood ;  of  his  struggles  with 
fi)rtune,  his  successes,  his  failures;  of  his  companions, 
his  loves,  and  hates.  Had  he  a  wife,  or  children? 
when  did  he  come  to  California,  and  what  business 
(lid  he  first  engage  in  here?  what  led  him  to  a  life  of 
crime,  and  who  were  his  associates?  Accompanying 
liis  skilful  probing  with  that  soothing  sympathy  which 
was  in  truth  part  of  his  nature,  bc^fore  he  had  pro- 
ceeded fiir,  the  poor,  bruised,  heart-broken  wretch  was 
ready,  nay  eager,  to  tell  him  all.  Miglit  not  this 
l»luft'  but  kind-hearted  old  man  become  his  friend? 
might  he  not  help  him  in  his  sore  distress^  might  he 
not  save  him,  at  least  from  death?  No  bad  man 
thinks  himself  so  bad  as  to  be  utterly  unworthy  of 
sympathy  and  assistance.  How  they  would  beseech 
him  and  cling  to  him  for  these!  And  when  lie  offered 
to  write  to  friends,  to  forward  money  or-  effects,  to 
perform  any  act  of  Christian  charity — which  commis- 
sions were  always  executed  to  the  letter — brute  cour- 


3S0 


THK  KXRCrnVK  COMMITTKK  OF  ISr.l. 


aj(c'  and  bravadci,  if  indeed  tlu^v  l»ad  held  out  m<i  loiijjj, 
^ave  way,  and  the  abandoned  of  his  fellows  often  wept 
like  a  child.  So,  too,  almost  eviry  one  condemned, 
when  he  saw  the  chain  of  testimony  was  so  complete 
against  him,  confessed  and  signed  his  confession. 

While  in  active  service  ^lr  Ryckman  devoted  al- 
most his  entire  time  to  the  work  of  the  C'ommittee. 
During  the  nine  months  from  the  first  of  Juno  he 
devoted  scarcely  five  full  days  to  his  own  j)riviite 
business.  More  than  once  he  was  dogged  about  the 
streets  by  those  who  had  threatened  to  assassinate 
him,  but  he  never  was  for  a  moment  off'  his  guard. 
Sometimes  he  would  walk  straight  up  to  the  scoun- 
drels and  warn  them  to  leave  the  city  instantly,  and 
they  usually  obeyed.  They  were  much  more  afraid 
of  him  than  was  he  of  them.  He  had  a  way  of  dis- 
guising himself  and  mingling  with  them,  and  then 
suddi  lily  discovering  himself. 

Mr  liyckman  did  not  regard  the  new  organization 
in  185(!  with  favor.  Perhaps  a  tinge  of  jealousy  col- 
ored its  character  in  his  eyes.  Or  it  may  be,  lilce 
Robespierre,  his  willingness  to  participate  in  capital 
punishments  increased  with  age.  But  society  had 
changed  since  1851,  and  in  I  Haft  a  new  element,  with 
new  leaders,  marshalled  to  the  front.  "The  Vigilance 
Committee  of  '5G  assumed  to  be  the  vigilance  of  '51," 
he  said  to  me  one  day,  "but  it  was  not.  They  came  to 
me  to  join  them  and  bring  the  old  colors,  but  I  would 
do  neither.  I  went  down  to  one  of  their  meetings,  and 
I  told  them  they  needed  some  one  to  govern  them 
instead  of  their  assuming  the  jjovcrnment  of  others. 
I  got  out  of  patience  with  their  silky,  milky  way 
of  managing  Terry's  case.  He  ought  to  have  been 
hanged.  I  rebuked  Coleman  very,  severely  for  some 
timid  act  in  the  '5G  Committee." 

Mr  Isjiac  Bluxome  junior  possessed  a  warm  heart 
and  most  genial  disposition.  Amidst  an  assembly  of 
jovial  companions,  his  face  beaming  with  good  humor 
and  the  fun-wrinkles  radiating  from  his  eyes,  he  was 


ISAAC   BLUXOMK. 


251 


the  liist  person  a  stranjLJt!!'  would  take  for  a  '  sti'ant^lor/ 
UH  they  of  law  and  order  delighted  to  call  the  men  of 
vij^ilance.  Maliee  was  a  stranger  to  iiis  heart;  no 
hatred  toward  his  fellow-men  was  harhored  in  his 
hreast.  In  all  that  solenm  assembly  of  resolute  men 
there  was  not  one  who  in  sincere  pity  for  the  poor 
fellow  about  to  suffer  lor  his  crinujs  excelled  him 
whose  duty  it  was  to  write  the  death-warrant. 

I  knew  him  well,  ^lany  an  evening  have  T  sat 
and  listened  far  into  the  night  to  his  graphic  descrip- 
tion of  those  most  stirring  days;  at  which  times  his 
whole  being  seemed  ablaze  with  brilliant  memories. 
All!  when  one's  very  self  is  staked  on  high  achieve- 
ment,  and  one  lives  to  see  the  unselHsh  effort  an 
accomplished  fact,  who  would  wish  to  smother  the 
glow  of  proud  enthusiasm  that  follows  I 

I  say  that  Bluxome  was  the  high-[)i'iest  of  good 
fellows,  for  I  have  tasted  his  eom[)anionsliip.  But  this 
was  not  the  dominant  (juality  of  his  character.  His 
whole  nature  was  instinct  with  stubborn  rectitude. 
Althougli  there  nevei'  Ilitted  in  my  presence  one 
gleam  t)f  vindictiven;3ss  across  his  features,  I  have 
seen  at  some  cloudy  rememljrance  tlie  Hush  of  min- 
gled pride  and  pleasure  fade  from  the  face,  and  the 
glow  of  kindly  fire  sink  from  the  outer  eye  into  some 
unknown  depths  within,  and  in  their  place  a  fixed 
and  solid  stare  of  inexorable  purpose,  such  as  would 
palsy  the  tongue  of  any  guilty  suppliant.  ^lore  than 
life  lie  loved  the  right,  and  he  alone  who  sacrilegiously 
offended  it  he  accounted  his  enemy.  Yet  in  arriving 
at  conclusions  he  was  most  cool,  most  compassionate. 
He  would  not  be  hurried  in  forming  an  opinion.  Said 
a  hot-headed  member  to  him  (^nc  day :  "  Bluxome,  you 
are  on  the  off  side  of  everything.  I  believe  you  are 
afraid  to  hang  a  man !"  "  Sir,"  was  the  reply,  "  my  seat 
is  always  at  the  disposal  of  this  Committee;  but  while 
I  occupy  it,  the  man  does  not  live  who  by  fair  speech 
or  innuendo  can  move  me  one  hair's  breadth  from 
what  I  deem  my  duty." 


THE  EXECUTIVE  COMMITTEE  OF  1851. 


At  the  time  of  the  first  Committee  he  was  younj^, 
ardent,  active.  Now  you  would  find  him  acting  in 
his  official  capacity,  then  off  on  some  thief- hunting 
expedition,  or  on  board  a  newly  arrived  vessel  ex- 
amining the  passengers,  and  again  looking  after  the 
detail  of  his  ponderous  knave-destroying  machinery, 
and  to  the  comfort  of  his  associates.  Says  quaint  old 
President  Payran:  "Our  worthy  secretary,!.  Bluxorae 
junior,  has  given  much  time  and  attention  to  the  re- 
arrangement of  our  committee  rooms;  to  him  the 
sub-committee  feel  much  indebted,  and  recommend 
that  the  thanks  of  the  executive  committee  be  ten- 
dered him."  Bluxome  was  an  efficient  member  of 
the  Committee  before  he  was  chosen  secretary.  The 
multitude  of  complaints  made  before  the  Committee 
by  all  sorts  of  persons  required  much  time  and  great 
discrimination  in  the  disposal  of  them.  The  large 
mass  of  evidence  drawn  from  witnesses  in  their  ex- 
aminations, and  from  officers  and  members  on  duty, 
A\liich  I  liave  been  compelled  to  examine,  tlirows  much 
light  on  the  spirit  and  intent  of  the  association ;  wliilo 
the  reports  of  special  committees,  descriptions  <•!'  un- 
caught  felons,  and  the  confessions  of  prisoners  sliow 
with  what  zeal  and  conscientic^usness  the  executive 
committee  performed  their  duties.  Often  the  name 
of  each  member  of  a  disreputable  family  was  ascer- 
tained, and  the  age  and  personal  appeai'ance  of  sus- 
pected individuals  were  kept  constantly  befon;  the 
eyes  of  the  vigilant  detectives.  The  plaices  of  resort 
of  everv  notable  offender  were  known  to  tlie  Com- 
mittee,  their  habits  were  studied,  and  their  move- 
ments watched,  so  that  they  might  be  forthcoming 
when  wanted. 

During  the  ]ieriod  from  the  organization  of  the 
Committee  in  June,  1851,  till  the  30th  of  June,  18.')2, 
under  which  date  the  last  entry  is  made  in  the  book 
of  proceedings,  there  was  constant  communication 
with  country  committees,  and  a  general  watchfulness 
maintained  in  every  quarter.      Suits  and  demands  for 


PROCEEDINGS. 


he 

)2, 
)ok 
ion 

CSS 

for 


dainaj^es  and  reclamations  were  instituted,  to  defend 
wliich  t)io  ablest  counsel  was  employed.  To  atteni|)t 
the  punishment  of  one  of  the  mcnihers  of  the  Coni- 
niittec,  as  sueli,  was  to  <  )ffeud  all.  It  made  no  ( Hlferonce 
a,i,'ainst  whom  the  suit  was  brought,  if  its  oiiL,^in  was 
ihrousfli  aiiv  act  of  the  Connnittee,  or  of  any  member 
authorized  so  to  act,  the  cause  was  made  common,  and 
all  ex[)(nses  of  defence  or  damages  were  defrayed  by 
tlie  Committee.  Neither  was  there  over  any  attcnipt 
in  matters  personal  t<^  the  (^ommittee  to  disregai'ii  the 
law,  or  to  trivit  the  mandates  of  the  courts  with  in- 
dilference  or  contempt.  The  ( "ommittoL'  fully  I'econ"- 
nized  the  sovereiLMitv  of  law  in  the  settlement  of  iill 
disputes;  it  was  only  in  criminal  cases,  of  interest 
alil.e  to  every  memb(n-  of  society,  that  the  Connnittee 
tool;  cognizance. 

While  till'  ablest  members  of  the  legal  iVaternily 
were  unable,  oi'  alfected  to  be  unabh',  to  comprehend 
the  sc()}>e  and  s[)irit  of  the  Conunitt(je,  it  is  hardly  to 
be  wondered  that  the  more  sim[>)e-minded  should  so 
far  mistake  its  meaning  as  to  look  Ibi-  miracles.  Xuni- 
berless  wei'c  the  instances  of  application  for  rcdre.vs 
w  hich  would  have  balUed  the  soUaie  credulity  oi'  J.)on 
(Quixote.  It  would  seem  there  had  arisen  a  tribunal 
that  should  right  every  wi'ong,  heal  wounded  spirits, 
and  minister  to  minds  diseased.  One  applied  to  have 
a  squatter  driven  olf  his  lot ;  anoiher  wanted  a  doctor 
hanged  for  poisoning  a  j>'.iient  with  medicine;;  a  dozen 
asked  to  have  their  debis  coll(>cted;  and  one  wrpte 
from  .^^okelumne  Hill,  furious  at  a  certain  .lames 
Wat  kins,  whom  he  regarded  a  lit  subject  for  treat- 
ment bv  the  Committee  because  he  had  insulted  his 
wife: 

At  a  general  meeting  held  in  July,  I  Hal,  it  was 
a'-reod  that  thereaftv'*  the  i»-eneral  connnittee  should 
convene  the  tirst  ^[ondays  of  March  and  September 
in  each  year,  and  at  such  other  times  as  they  should 
he  called  together  by  two  taps  of  the  bell,  or  by  j)ub- 
llshed  notice  signed  by  the  president  and  secretary 


It 


THE  EXECUTIVE  COMMITTEE  OF  1851. 

of  the  executive  committee.  No  person  whose  dues 
were  in  arrears  twenty  days  should  be  entitled  to 
admission.  The  executive  committee  should  have 
j)()wer  to  order  and  make  arrests;  to  levy  assess- 
ments; to  make  or  change  by-laws;  to  appoint  officers; 
to  try  prisoners.  All  testimony  at  trials  must  bo 
taken  in  writing,  and  a  .synopsis  of  it  read  at  tlie  first 
general  meeting.  Such  testimony,  or  any  other  paper 
or  book  belonginfj  to  the  Committee,  should  not  be 
mutilated  or  destroyed,  but  placed  in  the  hands  of 
the  secretary  for  preservation. 


ill 


CHAPTER  XVII. 


VIGILANCE  BECOMES  A  POWER. 

God  gives  manliood  but  one  clew  to  success, — utter  and  exact  justice; 
tliat  lie  guarantees  shall  be  always  expediency. 

Wendell  PIMlps. 

Silently  the  self-protective  force,  lonijj  clonnaiit  in 
the  hody  s  u-iul,  now  drew  round  the  rooms  of  the 
Vigilance  C-oininittee  the  order-loving  [)eople  of  San 
Francisco.  Tlie  action  of  crime  upon  progressional 
industry  had  jiroduced  a  friction,  of  which  was  en- 


geiu  ^  I*  !  an  electrical  movement  as  natural  and  subtle 
as  any  itisplayed  hy  the  contendinji;'  forces  that  play 
upon  the  destinies  of  matter.  The  afHnitii's  and 
affiliations  inherent  in  elemental  |)articles  throughout 
the  universe  were  manifest  in  this  U])rising,  and  as 
well  might  puny  man  ho])e  to  arrest  the  moNcment 
of  heavenly  bodies  by  the  enactment  of  laws  antago- 
nistic to  the  primary  laws  of  attraction  and  repulsion 
as  to  stitle  the  natui'al  im])ulses  of  a  crime -ridden 
people  by  an  appeal  to  the  sacredness  of  statutes. 

Although  the  law  in  this  instance  was  comfortably 
tractable  and  well  behavi-d,  there  was  not  lacking  that 
healthful  op})osition  which  in  social  dynamics  con- 
stitutes the  true  strength  of  every  reformatory  move- 
ment. A  religious  reformation  or  a  political  revoluticju 
without  opposition,  were  such  a  thing  possil)Ie,  would 
be  a  tame  atJ'aii-.  In  the  war  on  evil,  as  in  all  war, 
the  str(>ngth  of  the  reformatory  party  is  in  some  de- 
gree measured  by  the  strength  of  the  opposition;  <Iuit 
is  to  say,  in  the  upheavals  of  society  the  strength 
employed  by  the  overturning  element  is  in  j)roportion 
to  the  force  to  be  overturned.     Tliere  was  here  just 

(255) 


i  i 


»  ■ 


mt  VIGILANCE  BKCOMKS  A  POWER. 

enougli  of  strength  in  the  law,  and  in  the  noisy  qimxi 
prfttectors  of  the  (hgnity  of  law,  to  hand  the  peojde 
Himly  and  cause  them  to  w^alk  warily. 

It  was  an  unusual  siglit,  the  (luirt  midnight  triiil 
and  execution  of  Jenkins,  half  the  city  asleep  wliilc 
the  other  half  were  rallying  to  the  assistance  of  im- 
potent law.  It  can  hardly  he  laid  to  their  charge  that 
they  acted  hastily,  or  in  a  vengeful  or  hlood-thirsty 
manner.  1'wvnty  lives  and  millions  of  property  had 
been  destn^yed  at  the  last  tire,  which  was  only  one  >A' 
the  nuiuy  successful  attempts  of  these  hold  villains  to 
burn  the  young  city,  and  ruin  the  industries  and  com- 
merce of  its  inhabitants.  One  or  the  other  now  nnist 
rule;  one  or  the  other  must  now  retina.  Long  and 
patiently  th(>v  liad  waited  on  law,  but  law  brought 
them  no  relief.  A  eommitt(>e  of  [)ul»lic  safiity  was 
demanded  by  the  j)eople,  and  the\  wlio  iianged  Jenkins 
were  earnestly  i-i'(juested  not  to  st()[>  tiiere,  but  to 
follow  uj)  the  work  so  well  begun.  The  necessity 
whi<"h  compelh'd  the  {\^h'A  to  be  dcMie  in  darkness  was 
deplored,  imt  th*;  proceedings  were  fully  justified  hv 
the  j>ress  and  the  ])eo]>le.  A  lai'ge  mass-meeting  was 
hekl  on  the  plaza  tln^  night  following,  in  which  the 
citizens  warv.  urged  to  enroll  themselves  into  a  oom- 
mitt(>e  of  safety,  and  thi>  [)roceedings  of  the  night  pre- 
vious were  ratified.  Tct  anoiher  nK;vting  was  held  the 
next  night,  more  boisterous  than  the  former.  The 
opposition  at  one  time  gained  possession  o^'  the  stan<l, 
but  in  their  turn  were  drivijin  from  it  by  the  reformers. 
There  was  nuich  needl(»ss  speech-making  an<;l  seutiiing, 
and  tlie  proceiMbnirs  were  not  reo'arded  with  favor  bv 
the  lo\'ers  of  ht,'altliy  reform. 

These  two  demonstratyions  of  popular  unrest  were 
without  (umcerted  aim  or  defined  itction.  The  lirst 
was  held  on  WednescUiy  evening,  and  a<ljourne'd  to 
the  following  aft(n'noon.  Hotli  were  larg"ly  atten<led. 
Various  opiuioi'N  wei'e  (ixpr'e.s.seil  as  to  the  latt>  sum- 
mary j)rocee( lings,  l>ut  there  was  a  large  majority  in 
favor  of  su.staininiif  the  action  of  tlu;  Committee.     At 


THE  ROWDY  ELEMENT. 


2.-.7 


tliesu  gatherings  David  C  Brcxlevick,  hacked  hy  his 
rough  retainers,  appeared  as  the  champion  ol'  law  and 
order.  The  vigilant  party  attempted  to  otter  resolu- 
tions in  support  of  the  movement,  whicli  l^rodorick 
determined  to  defeat.  There  was  hut  one  way  to 
accomplish  the  ])urpose,  whicli  was  to  hreak  up  the 
assemhly;  and  Ih'oderick  did  not  for  a  moment  hesi- 
tate to  resort  to  such  means.  Once,  wlien  the  ayes 
and  noes  were  called,  tlie  J»j'od<-i"ick  ])arty  claimed  the 
vote,  which  being  justly  denit-d  them,  they  made  a 
lush  at  the  speaker's  stand,  ami  raised  a  great  uproar. 
Such  meetings  were  wholly  uncalled  for,  and  could 
not  well  be  jtroductive  of  beneficial  results.  Tliey 
were  com[)osed  of  that  j)art  of  the  p(»[tulation  through 
wlios-e  dull  l)rain  tin;  idea  was  just  now  finding  its  way 
that  somethino'  must  be  done.  Ei'-'ht  thousand  such 
a|){>eared,  who  listened  open-nioutlu'd  to  the  rantings 
<>1'  demagogues,  .vliile  the  Vig'danco  Connnittee,  tlie 
real  power,  sjaietly  kept  its  own  counselj  and  ])ursued 
its  own  way.  Tlie  cmduct  of  tlio  opposition,  howev(,'[-, 
' "fibred  vet  another  illustrutioji  of  their  ?uanv  para- 
I  lexical  vvays,  wherein  thev  Jioltl  to  one  doctrine  and 
iiet  another.  It  is  the  privilege  of  a,  free  people  tn 
gn  an<l  come  at  pleasure,  to  scatter  abroad,  (tr  to  cen- 
•nvLjate  in  such  i)lace  and  numbers  as  thev  deem  fit ; 
and  so  long  as  neither  treason  nor  violence  is  in- 
ihilged  in.  ui'ither  magistrate  nor  [lolice  ca?:  prevent 
ihem.  .\gain  and  again  tin'  men  of  law  backed  tluir 
aiiiuments  a«j;aiust  lawlessness  by  lawless  dei'ds;  and 
if,  b}'  v'le  hard  practical  sense  of  tiie  great  unsanctified,. 
their  vvind-bags  of  logic  were  pricked,  a  martyr's  woe 
tlou'iated  their  visaire. 

While  the  trial  of  Jenkins  was  yet  in  progress 
luany  of  the  best  men  stepped  forward  and  enrolled 
themselves  members  of  the  association,  and  after  his 
«;xocution  the  numbers  rapidly  swelled.  On  the  11th 
of  .Tune  the  Vigilance  Committee  did  not  number 
•  >ver  one  hundred,  but  immediately  after  its  nund)ers 
iticreased  t(»  fi\e  lujudred,  one  hundred  c»f  whom  were, 

Poi'.  TuiH  ,  Vol..  I.     1" 


1258 


VIGILANCE  BECOMES  A  POWER. 


Oil  duty  day  and  night.  The  orgaaization  was  com- 
plete and  effective;  their  purpc-se  was  pursued  noise- 
lessl}'^  and  thoroughly.  A  fortnight  had  not  elapsed 
before  an  entire  change  was  noticed  in  the  state  of 
society.  The  arm  of  crime  was  palsied;  an  invisible 
not-work  was  woven  round  evil-doers.  The  vigilance 
of  this  new-born  justice  was  sleepless;  its  jurisdiction 
extended  to  all  classes  and  crimes  and  its  agents  were 
silent  and  ubiquitous.  Frequent  meetings  were  held, 
in  which  work  was  ufiven  out,  and  no  scoundrel  miLrhl 
know  when  a  member  of  the  association  was  at  liis 
elbow.  Cool  circums[)ection,  earnestness,  and  energy 
<;Iiafacterized  all  the  movements  of  the  Committee. 
Facts  coiiceniing  criminals  were  entered  as  collected 
in  a  book  ke|>t  for  that  purpose.  Among  other  good 
■works,  the  Committee  undertook  to  complete  tin* 
county  prison  then  in  progress  of  construction,  but 
delayed  for  want  of  funds.  Each  of  the  five  hundi'ecl 
mend)ers  was  made  responsible  for  the  collection  of' 
thirty  dollars,  thus  securing  instantly  the  fifteen 
thousand  dollars  lacking  to  finish  the  building. 

Meanwhile  inunigration  continued  to  [)our  in  the  bad 
#'lfment,  and  ■  ro  long  rascality  began  again  to  lift  its 
\h-,u\.  CoM  l);i/f  not  yet  been  discovered  in  Australia, 
and  wiieu  the  fanx'  of  Califo)'nia  reached  those  sliores 
e\ury  effort  was  mad*-  to  escape  i'rom  the  penal  colo 
nies  of  (Ireat  Jh-itain.  SI ii[» masters  were  ready  t<> 
take  any  who  would  [)ay.  Many  who  had  no  mean> 
.shipped  as  sailoi's,  and  on  airival  escaj)ed;  and  so  i»y 
divers  ways  hordes  managed  to  com*'.  Sydneytown 
was  now  watched  by  day  and  patrolli-d  by  night,  ainl 
tlie  j)assengers  and  crews  of  newly  arrived  vesseK 
we.e  carefully  examined.  A  ship  hatl  arrived  eai'l\ 
in  May  with  a  large  load  of  convicts,  some  of  them 
with  shaved  heads.  The  craft  had  no  port  clearan*  e. 
which  indicated  that  her  passengers  were  suiuggl<  d 
on  board.  The  Conmiittee  determined  to  put  an  eml 
to  such  traffic. 


UNDESIRABLE  IMMIGRATION. 


2o9 


In  the  California  Courier  of  June  IGth  the  editor 
writes : 

"All  our  information  from  Sydney  and  other  British  colonics  in  the 
Vacifio  informs  us  that  a  general  disposition  exists  to  prevent  further  coloni- 
zation there  of  the  convicts  of  Great  Britain,  and  to  rid  themselves  of  those 
already  in  the  colonies.  C)\ving  to  this  feeling  great  willingness  exists  on  the 
part  of  the  public  autlioi'ities  uf  those  colonies  to  aid  iik  the  trau8]>ortation  of 
tliat  class  of  puoph.*,  and  as  California  ofi'ers  the  most  tempting  inducements 
for  these  convicts  to  expatriate  themselves,  we  are  likely  to  get  tlie  luavicst 
portion  of  this  most  degraded  population.  If  the  British  colonics  of  the 
Pacific  are  to  lie  simply  tiio  place  where  the  convicts  fronj  Great  Britain  are 
to  1)0  temporarily  di.scm harked,  merely  to  be  reshipped  to  this  part  of  the 
United  Stat(33,  (.'alifornia  will  in  the  future  become  the  B(jtany  liay  for  all 
liiT  criminal  population.  The  emigration  from  Sydney  during  the  past  month 
t  1  California  has  exceeded  in  number  the  emigration  from  all  the  Atlantic 
Ntates  of  this  Uinon  for  the  same  period.  This  i.i  not  a  declaration  made  at 
random,  but  is  made  from  actual  arrivals  at- this  l>ort,  and  tliis  population  is 
likely  to  increase  monthly  to  an  extent  ecjual  to  the  past  mouth.  Evidently 
licretofore  they  have  been  able  to  burn  down  the  city  over  our  hcad-s  some 
four  or  live  times,  destroying  some  thirty  lives  and  property  to  the  amount  of 
at  least  .?2,0{X),()00.  When  caught,  through  their  accomplices,  they  have  suc- 
'•cedod  in  swearing  through  the  courts,  toajjain  nin  at  large,  and  rojieat  their 
deeds  of  darkness  and  crime  with  ecpial  avidity  and  boldness.  They  arc 
organized  into  gangs,  and  have  their  regular  stores,  hiding-i>laces,  and  out- 
posts. We  caiuiot  resist  them  by  the  .slov.-  process  of  law.  We  nnist, 
therefore,  when  Me  catch  tnem  committing  burglary,  theft,  murder,  ur  arson, 
iiang  them  up.  If  California  is  to  be  selected  by  Great  Britain  and  her 
Ih'itis  colonies  as  the  habitation  of  her  convicts,  we  will  soon  teach  her  and 
licr  dependencies  that  they  are  mistaken." 

The  bark  Cliicf  entered  the  luirboi"  of  San  Fran- 
cisco tlie  14th  of  June  with  fifteen  passenger.s  from 
Sydney.  Only  one  liad  a  eertificate  from  tlie  Ameri- 
can consul,  and  the  rest  were  believed  to  ])e  convicts. 
(^l)jections  wore  made  to  their  landing,  but  certain 
I'espectable  citizens  vouched  for  them,  and  they  were 
permitted  to  come  ashore.  The  next  day  a  vessel 
arrived  witlv  five  passenjjjers,  four  of  whom  were 
women.  Even  the  cfrim-visaffcd  tribunal  in  those 
days  was  too  gallant  to  raise  its  front  against  un- 
l»rotected  woman,  though  she  were  a  little  tainted. 
Skirted  humanity  was  then  too  scarce  to  deny  it 
entrance  on  the  ground  of  badness;  so  the  Sydney 
sisters  were  permitted  to  land.     But  much  as  the 


200 


vigila\(;e  BECo^rEs  a  power. 


It  i 


c'tnuitiy  needed  the  salt  of  women,  u  little  of  such 
seasoning  went  far.  Some  of  the  conviets  thus  ar- 
rivin;^  had  even  been  ;.^rauted  their  liberty  on  condi- 
tion that  they  would  leave  those  parts  and  not  return 
to  England.  As  we  have  seen,  the  Conunittee  now 
assumed  a  permanent  character.  The  duties  of  mem- 
bers, tlie  times  ,>f  meeting,  the  order  of  proceedings, 
and  the  crimes  of  wliieh  it  was  to  take  cognizanee, 
wei-e  more  d..imed.  Theft  and  murder  occupied  its 
chief  attention,  l»nt  idlers  and  suspected  persons  were 
narrowly  watelied.  For  a  time  the  one  hundivd 
mend)ei's  mentioned  were  sufficient  in  the  field;  and 
these  spent  day  and  ni<;ht  ]uintin<.c  criminals,  ferretinu; 
infamy,  in((uiring  into  the  character  and  jturpose  of 
sus[ticious-looking  persons,  and  bringing  tliem  before 
tlie  dread  tribunid,  whicji  coiiM  be  convened  at  any 
moment  for  any  [)urpose  by  the  signal -bell, stroke. 
Puuisliments  were  gi'aduated  according  to  the  offence. 
To  the  accused  was  always  granted  a  trial  if  he  desired 
it,  but  notices  to  quit  were  sometimes  given  on  well- 
gi'ounded  suspicion.  The  words  employed  on  such 
occasions  were  laconic,  but  most  significant — thus: 


" Jeukmv  Didleu: 

"  You  are  warned  to  leave  the  city  within  fiv(;  days. 

"  Uy  order  of  TuE  Committee  ok  Vkiilance. 

"  Xo.  07,  SccreCary." 

If  this  warning  was  passed  unheeded,  the  person 
so  served  was  arrested  and  shipped  to  Australia  oi' 
some  other  foreign  })ort.  The  executive;  committee 
was  neither  responsible  to  nor  hampered  by  any  other 
earthly  [)ower;  it  brought  its  own  charges,  made  its 
own  examinations,  and  executed  its  own  decrees. 
Through  its  instrumentality  some  were  hanged,  mniiy 
were  publicly  whipped,  and  many  more  banished  the 
city.  Thus  San  Francisco  was  for  a  short  time  almost 
free  from  i)rofessional  rogues  and  s(H)undrels.  The 
vigilant  polici-  boarded  vessels  arriving  from  Sydney, 


THE  SYSTEM  PERFECTED. 


•261 


and  every  passenger  was  sulnjected  to  tlie  most  rii^nd 
scrutiny.  On  board  were  always  respectable  persons 
enough  to  testify  against  such  disreputable  characters 
as  may  have  been  their  vorniKignons  dc  roi/otjc. 

To  avoid  impositions,  and  at  the  same  tinie  to 
secure  immediate  attention,  all  notices  to  quit  were 
served  V)y  a  sub-committee  of  three  or  more  members, 
and  were  never  sent  by  a  messjenger  or  through  the 
mail.  Herewith  T  give  ii  f(ic-si)ni(c  of  a  report  of  the 
Committee  in  a  case  of  exile. 

On  one  occasion  in  June  certain  so-called  respect- 
able lawyers,  of  perhaps  not  too  translucent  con- 
sciences, were  startled  by  what  jnirported  to  be  orders 
I'lom  the  inquisition  to  leave  their  country  for  tlu  ir 
ciuintry's  good.  The  Committee  was  first  of  all  in 
its  endeavor  to  ferret  these  forgers. 

If  the  convicts  thus  arrested  by  the  Committee 
and  onlered  back  bv  vessels  ijoinfj  to  Australia  had 
money  of  their  own,  their  fare  was  paid  out  of  it  b}- 
tlie  Committee.  If  they  had  any  efl'ects  which  could 
bc>  sold,  their  passage  money  was  raised  in  that  way. 
if  j)ossessed  of  nothing,  the  CVmnnittee  paid  the 
jiassage. 

The  Committee  were  anxious  so  far  as  possible  to 
avoid  the  taking  of  life,  but  preferred  resorting  to 
l>;uiishment  or  minor  corporal  punishment  as  a  penalty 
lor  crime.  Thus  during  the  active  operations  of  this 
(  ommittee  there  were  about  thirty  persons,  most  of 
them  from  Sydney  or  other  British  colonies,  sent 
from  the  countrv,  nearly  all  bein*^  returned  to  the 
l>laces  whence  they  came. 

The  citizens  of  San  Franchisee  in  their  first  Vigil- 
ance Committee  claimed  the  most  perfect  and  power- 
I'ul  organizntion  hitherto  established  in  any  ('ountry 
lor  the  guarding  of  the  public  weal.  It  was  as  much 
;•  part  of  their  self-imposed  duty  to  prevent  the 
coming  to  the  country  of  new  malefactors  as  to  expel 
old  offenders,  and  this  required  sleepless  watchfulness 
and  a  detective  police  systematized  with  no  small 


VIGILANCE  BECOMES  A  POWER. 


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THE  PHKSS  AND  TIIK  I'ULMT. 


i»03 


skill.  The  iv<jjular  police  wei'e  resij^niiij^  one  after 
another  from  lack  of  pay  for  their  services.  The 
courts  needed  purifying  and  energizing;  honest  judges 
were  proverbially  incapable,  the  capable  were  dishon- 
est, and  it  was  no  rare  occurrence  to  see  both  knave 
and  fool  written  upon  the  face  of  one  single  oecui)anfc 
of  the  judgment-seat.  Legislators  were  likewise  to 
be  reformed.  In  the  last  leufislature  the  San  Fran- 
cisco  representatives  were  far  below  the  country 
members  in  honesty  and  intelligence.  The  numbers, 
wealth,  influence,  and  energy  of  the  Vigilance  Com- 
mittee gave  it  almost  unlimited  power,  antl  to  its 
honor  be  it  said,  that  power  wns  always  used  with 
calmness,  mercy,  and  moderation.  Punishment  fol- 
lowed closely  the  heels  of  crime,  and  villainy  and 
vaijabon«lai;e  slunk  away.  Some  of  the  l)ad  characters 
sought  health  in  the  country,  some  turned  honest 
miners;  many  preferred  to  put  leagues  of  ocean  be- 
tween them  and  this  new  species  of  justice.  Tliis 
unheard  of  trampling  on  the  rights  of  villains,  tliis 
closing  (jf  their  time-honored  avenues  of  escape,  this 
overthrow  of  legal  fogyism,  and  the  application  of 
common-sense  to  the  rulers  of  justice,  was  like  an 
epidemic  fatal  to  evil-doers.  Law  and  order,  a  fat 
judiciary,  and  un  inefficient  police  were  to  them  far 
preferable  to  a  hand-to-hand  contlict  with  aroused  and 
indignant  virtue. 

The  action  of  the  people  in  the  executicm  of  Jeidvins 
was  generally  sustained  by  the  [)ress  and  by  the  i)ulpit. 
The  Reverends  Wheeler  and  Hunt,  of  re[)resentative 
churches,  both  preached  sermons  upholding  the  vigil- 
ant organization. 

Says  the  Courier  the  1 7th  of  June: 

"To  show  how  we  arc  uwindlcd  out  of  our  mcuutj  by  rogues,  and  liow  the 
rogues  escape  punishment,  we  give  the  following  instance  :  A  man  by  tho 
name  of  George  Spiers  many  months  since  was  taken  up  for  highway  robbery. 
The  recorder  considered  the  proof  sc  print-blank  that  he  committed  him. 
His  case  was  carried  before  the  grand  jury,  where  ho  was  indicted  by  tho 
clearest  testimony.  In  fact  ho  was  caught  in  tho  act.  His  trial,  however, 
was  postponed  session  after  session,  until  the  witnesses  left  the  city,  if  not 


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264 


VIGILANCE  BECOMES  A  POWER. 


the  state.  The  consequence  was  that  when  he  was  brought  up  for  trial  there 
was  no  one  to  testify  against  him.  The  district  attorney,  therefore,  entered 
in  his  case  a  nolle  prosequi,  and  the  prison  doors  were  opened,  and  he  left  his 
coniinenient  to  prey  again  upon  the  public. 

"A  few  weeks  since  lie  was  arrested  on  the  chai'ge  of  murder.  He  was 
placed  in  confinement  on  the  most  unquestionable  proof  of  his  guilt.  The  late 
grand  jury,  which  unfortunately  has  been  declared  as  illegally  impanelled, 
indicted  him  for  murder  on  the  most  reliable  evidence.  But  this  indictment, 
it  appears,  will  amount  to  nothing.  The  last  steamer  carried  away  the  only 
witness  who  can  prove  his  guilt  and  convict  him  of  the  crime  of  murder.  Of 
course  our  grand  jury  can  never  find  a  bill  against  him,  and  he  will  be  per- 
mitted to  run  at  large  again.  In  this  way  felons  escape,  through  the  law's 
delay,  to  rob  and  murder  us,  and  bum  down  ouv  houses  for  the  purpose  of 
plunder.  With  all  these  facts  staring  us  in  the  face  we  are  told  that  we  must 
permit  the  law  to  take  its  course — let  criminal  lawyers  make  from  these  crimi- 
nals all  they  can,  and  give  the  felons  opportunity  to  escape.  We  trust  the 
people  will  be  fooled  and  deceived  no  longer,  but  that  they  will  execute  with- 
out delay  summary  vengeance  on  every  man  the  moment  he  is  caught  in  the 
act  of  robbing,  burning  houses,  or  murdering.  By  so  doing  we  will  teach  all 
public  otfenders  that  we  will  visit  them  with  immediate  death,  and  the  courts 
that  we  have  had  enough  of  the  law's  delay." 

"We  should  address  ourselves  to  the  task  of  puri- 
fying the  courts,"  writes  the  editor  of  the  Herald  the 
same  day.  "Surely  no  new  country  ever  exhibited 
such  a  judiciary." 

"  It  is  true,"  says  the  Pacific  Star  of  the  25th,  "that 
the  power  claimed  and  exercised  by  this  Committee 
may  be  nbused.  So  may  all  human  power.  The  courts 
may  abuse  their  power;  the  police  theirs;  and  yet 
this  is  not  a  sufficient  reason  for  withholding  all  power 
from  them.  Our  reliance  is  in  the  honesty  and  integ- 
rity of  the  men  who  compose  the  Committee." 

Again  the  Herald  ot  June  21st  panegyrizes  the 
people: 

"We  must  declare  tliat  never  have  we  heard  or  read  of  an  organization 
more  thoroughly  effective,  an  association  of  men  so  grandly  successful  in  the 
object  of  their  combination,  as  have  been  the  Committee  of  Vigilance  of  this 
city.  Pursuing  their  purpose  noiselessly,  earnestly,  and  unremittingly,  they 
have  effected  in  twelve  days  what  the  courts  during  the  whole  of  their 
existence,  armed  with  the  thunderbolts  of  the  law,  have  never  been  able  to 
accomplish.  They  have  palsied  the  hand  of  the  assassin  and  the  incendiary, 
and  have  encircled  the  criminals,  who  publicly  defied  the  law,  with  a  net- work 
from  which  all  their  efi'orts  will  not  enable  them  to  escape.  Their  vigilance 
never  sleeps.     Their  investigations  embrace  all  classes.     Their  agents  are 


NEW  QUARTERS. 


2B5 


invisible  and  ubiquitous.  The  cribs  wliich  have  been  the  nightly  rendezvous 
and  daily  lurking-places  of  thieves  of  every  description  are  all  marked,  and 
have  received  or  will  receive  notice  that  their  nefarious  practices  will  not  be 
longer  tolerated.  The  most  notorious  scoundrels  are  ordered  to  leave  the 
country,  and  many  more  are  being  watched  for  the  purpose  of  being  more 
thoroughly  detected.  Criminal  correspondence  and  connection  have  been 
traced  to  men  hitherto  occupying  respectable  positions  in  society,  and  their 
exposure  has  been  delayed  merely  to  give  time  for  the  accumulation  of  proof 
or  for  their  departure  from  the  country.  In  fine  the  association  have  con- 
ducted their  measures  for  the  protection  of  the  public  safety  with  a  cool 
circumspection,  au  earnestness,  daring,  and  energy,  that  must  command 
respect  and  even  admiration.  They  now  number  over  four  hundred  of  the 
best  men  in  the  city.  One  fourth  of  this  force  is  constantly  on  duty  day  and 
night,  and  each  particular  member  seems  to  have  devoted  himself  to  the  dis- 
charge of  his  duty  with  an  enlightened  zeal  that  has  produced  the  most  sur- 
prising results.  The  testimony  already  collected  fills  a  large  volume,  and 
has  occupied  the  exclusive  attention  of  one  man  in  transcribing.  The  Com- 
mittee commenced  with  making  a  notable  and  severe  example.  It  had  the 
effect  of  proving  that  they  were  in  earnest  in  the  prosecution  of  the  work 
tliey  had  undertaken.  Since  that  time  they  have  been  employed  in  bringing 
to  light  the  various  places  of  resort  of  the  criminals  still  at  large.  A  largo 
number  of  these  cribs,  as  they  are  called,  have  been  discovered,  and  after 
being  duly  warned  have  been  closed." 


It  will  be  noticed  that  the  editor  speaks  at  random 
with  regard  to  some  of  his  facts,  but  in  sentiment  he  is 
right.  Their  quarters  in  Brannan's  buildings,  corner 
of  Bush  and  Sansome  streets,  being  inadequate  for  the 
accommodation  of  their  increased  numbers,  the  Com- 
mittee secured  from  Bullitt,  Patrick,  and  Dow,  the 
upper  rooms  of  two  large  frame  buildings  on  Battery 
street,  between  California  and  Pine  streets.  These 
were  thrown  into  one  and  fitted  up  for  the  meetings 
of  the  general  body,  and  separate  rooms  were  parti- 
tioned for  the  smaller  committees.  The  cost  of 
alterations  and  furnishing  was  about  one  thousand 
dollars,  and  the  rent  was  four  hundred  dollars  a  month. 
The  Committee  began  to  occupy  these  rooms  the  1 8th 
of  June,  though  the  carpenters  did  not  complete  their 
work  before  the  25th.  Of  the  sub-committee  rooms 
there  were  four,  furnished  with  tables,  speakers'  desks, 
chairs,  and  benches.  Heavy  bolts  were  put  upon 
the  doors,  bells  hung,  and  writing   material,  hand- 


266 


VIGILANCE  BECOMES  A  POWER. 


cuffs,  and  chains  supplied.  There  were  also  sleeping- 
places  for  the  watchmen  arranged.  The  18th  of 
September,  when  business  had  fallen  off  materially, 
the  Committee,  in  order  to  reduce  their  expenses, 
again  removed  to  the  corner  of  Sansome  and  Sacra- 
mento streets,  to  the  premises  of  John  Middleton, 
where  the  rent  was  one  hundred  dollars  a  month.  In 
these  rooms  matting  was  put  upon  the  floors,  the  walls 
were  papered,  and  the  new  quarters  presented  quite  a 
respectable  appearance. 

Signals  were  now  arranged,  and  a  committee  ap- 
pointed to  wait  on  the  foremen  of  the  California 
and  Monumental  fire-engine  companies  to  ask  the  use 
of  their  bells  for  the  purpose  of  calling  the  members 
together,  to  which  request  cordial  assent  was  given. 
I  shall  speak  at  length  heieafter  of  the  committees 
of  vigilance,  modelled  after  the  San  Francisco  Com- 
mittee, which  were  established  throughout  California. 

At  this  time  it  was  difiicult — so  the  defenders  of 
criminals  at  all  events  made  it  appear — to  obtain 
respectable  jurors  to  sit  in  court  cases,  on  the  ground 
of  sympathy  with  the  vigilance  movement.  From  tlu3 
stand-point  of  to-day  it  strikes  one  as  a  little  singular 
that  the  law  should  reject  respectable  men  as  jurors 
on  the  ground  of  their  sympathy  with  justice.  More 
particularly  is  the  inconsistency  of  the  thing  apparent 
when  we  reflect  that  by  every  blandishment  the  men 
of  vigilance  had  been  urged  to  trust  the  courts,  to 
act  as  aids  and  auxiliaries  to  the  courts,  and  that  when 
summoned  to  sit  in  judgment  on  such  cases  as  thoy 
did  leave  to  the  courts  they  were  told  that  they  could 
not  render  an  impartial  decision.  That  such  objections 
were  made  by  the  defence,  rather  than  by  the  prose- 
cution, is  prima  fctcie  evidence  that  the  objectors 
sought  safety  under  cover  of  the  law's  subtleties,  and 
for  further  defeating  the  ends  of  justice. 


CHAPTER  XVIII. 


ENTER    JAMES     STUART. 


The  most  stormy  ebullitions  of  passion,  from  blasphemy  to  murder,  are 
less  terrific  than  one  single  act  of  cwA  villainy;  a  still  rabies  is  more 
dangerous  than  the  paroxysms  of  a  fever.  Fear  the  boisterous  savage  of 
passion  less  than  the  sedately  grinning  villain. 

LavcUer. 

James  Stuart  was  a  villain.  A  great  villain.  He 
was  born  a  villain;  he  achieved  villainy;  and  if  vil- 
lainy was  not  thrust  upon  him,  he  had  no  hesitation 
in  thrusting  it  upon  others.  His  childhood  was  in- 
stinct with  misbehavior.  Every  wickedness  the  human 
heart  is  heir  to  has  its  redeeming  quality.  Through 
mismanagement  on  the  part  of  nature  all  the  virtues 
intended  for  use  in  the  manufacture  of  James  Stuart 
fell  into  the  composition  of  some  other  mortal.  There 
are  gentle  knaves  and  there  are  scurvy  knaves ;  James 
Stuart  was  of  the  latter  class.  There  are  magnificent 
scoundrels  and  there  are  mean  scoundrels;  James 
Stuart  belonged  to  the  latter  category.  He  was  a 
lusuii  naturcB  of  the  sulphurous  order.  His  rascality 
was  of  the  cold  and  calculating  kind.  All  men  were 
his  friends,  and  all  his  foes.  He  would  sacrifice  a 
comrade  as  quickly  as  an  enemy;  with  the  utmost 
nonchalance  he  would  see  innocent  Thomas  Burdue 
suffer  agonies  of  torture,  for  crimes  which  he  himself 
had  committed. 

Often  vice  is  only  the  decadence  of  some  virtue; 
but  in  James  Stuart  obduracy  and  atrocity  were 
weeds  of  indigenous  growth.  Such  was  the  alchemy 
of  his  constitution  that  those  ennobling  influences  in- 
cident to  every  environment,  when  infused  in  him, 

(267) 


268 


ENTER  JAMES  STUART. 


putrefi'  d  and  infected  the  atmosphere  in  which  he 
moved  hke  a  disease.  Socrates  had  his  Xenophon, 
Johnson  his  Boswell;  but  woe  to  the  historian,  aban- 
doned of  heaven,  who  must  needs  dive  into  the  depths 
to  chronicle  the  deeds  of  this  most  graceless  of  mis- 
creants! One  becomes  as  tired  of  his  malefactions  as 
were  the  Athenians  of  hearing  Aristides  called  the 
Just. 

Between  mala  in  se  or  intrinsic  badness,  and  mala 
prohihita  or  violation  of  conventionalisms,  few  make 
proper  distinction.  Indeed,  there  are  many  good  men 
and  women  who  will  forgive  a  crime  against  morality 
sooner  than  a  violation  of  good  breeding.  For  the 
saintly  caitiff  hides  his  misbehavior  beneath  a  fair 
complexion;  with  ill-gotten  gains  he  buys  honors  and 
influence,  and  while  indulging  in  low  immoralities 
fails  not  to  assume  the  character  which  will  secure 
him  further  grovelling  gratifications.  In  all  this 
there  is  little  of  that  ideal  justice  of  which  poets 
sing,  wherein  the  good  are  always  happy  and  the 
evil-minded  unsuccessful.  Religion  fails  to  enforce 
correct  conduct,  and  reason  is  not  yet  strong  enough 
wholly  to  practise  a  utilitarian  code  of  ethics.  Differ- 
ent men,  and  ages,  and  beliefs,  derive  their  rules  of 
conduct  from  different  sources.  Conscience-making 
trade    the    gods    find   dull    as    the    vision   of 


as   a 


science  grows  stronger.  We  of  to-day  seem  near 
completing  the  circle  of  morality,  seem  to  be  nearing 
the  point  the  savage  started  from,  and  referring  back 
all  obligation  to  the  law  of  nature.  The  divine  law 
of  the  ecclesiastic,  the  patriarchal  law  of  the  house- 
hold, and  the  political  law  of  society,  however  they 
may  retain  their  hold  on  personal  conduct,  fetter 
mind  far  less  than  formerly. 

Saint  Paul  found  himself  amidst  a  whirlpool  of 
opposing  forces,  fleshly  laws  rising  within  him  antago- 
nistic to  spiritual  laws,  the  law  of  his  members  warring 
against  the  higher  law  of  mind.  James  Stuart  like- 
wise found  his  unworthy  craft  buffeted  by  winds  of 


SKILLED  VILLAINY. 


260 


of 


doctrine  strange  m  Sydney.  The  law  that  should  hang 
Burdue  in  his  place  he  could  understand;  he  liked 
that.  The  regular  course  of  things,  the  common  statu- 
tory currents  and  legislative  trade-winds,  he  could  sail 
safely  enough  before;  but  these  disinheriting  guardi- 
ans of  political  pets,  of  children  of  the  corporation; 
these  men  of  vigilance,  who  interpose  their  uncivil 
veto  to  the  regular  course  of  criminal  law,  what  shall 
be  said  of  them?    They  were,  indeed,  a  flat  imposition. 

Stuart  was  not  only  able,  but  talented.  A  very 
mean  man  is  seldom  weak ;  more  genius,  more  strength 
of  character  is  necessary  in  order  to  become  a  great 
bad  man  than  a  great  good  man.  The  greater  the 
cunning  of  thieves,  the  greater  the  skill  required  by 
the  police.  As  civilization  seems  to  intensify  and 
render  more  acute  absurdity  and  error,  as  well  as 
reason  and  right,  so  the  tendency  of  organisms,  as 
they  become  more  complex  and  refined,  seems  to  in- 
crease in  their  capabilities  of  catching  and  eating,  and 
in  avoidinq:  beinjf  caujjht  and  eaten. 

Early  in  Juiy,  before  the  Burdue-Stuart  mystery 
was  fairly  solved,  the  Vigilance  Committee  of  San 
Francisco  wrote  the  Viq-ilance  Committee  of  Marvs- 
ville  that  in  their  opinion  Burdue  was  innocent.  The 
Marysville  Committee  could  not  believe  it,  and  begged 
tlio  San  Francisco  Committee  to  take  no  steps  which 
might  load  to  the  letting  loose  of  a  murderer  upon 
the  community.  Thereupon  the  San  Francisco  Com- 
mittee despatched  a  messenger  to  Marysville  to  ask 
suspension  of  further  action  until  the  case  could  be 
thoroughly  investigated.  Francis  Land,  counsel  for 
the  condemned,  proceeded  to  San  Francisco  for  infor- 
mation. These  several  investigations  were  not  with- 
out their  effect  upon  the  court.  A  new  trial  being 
granted,  a  nolle  prosequi  was  entered.  Burdue  was 
discharged  from  the  Marysville  court  and  brought  to 
San  Francisco  in  the  early  part  of  August.  There 
he  was  lodged  in  prison.  On  the  25th  of  August, 
after  the  evidence  of  Stuart  and  Whitaker  had  been 


270 


ENTER  JAMES  STUABT. 


given,  Frederick  Woodworth,  George  Melius,  Isaac 
Bluxome  junior,  and  John  F.  Spence  made  affidavit 
before  Ned  McGowan,  judge,  of  the  fact  that  Burdue 
was  innocent  of  the  charges  preferred  against  him. 
Thereupon  an  order  was  made  by  the  district  court, 
transferring  the  case  to  the  court  of  sessions,  into 
which  Burdue  was  brought;  the  same  day  and  dis- 
charged from  custody. 

While  Thomas  Burdue  was  yet  in  San  Francisco 
undergoing  trial  for  the  robbery  of  Jansen,  that  is  to 
say,  on  the  28th  of  February,  1851,  Frank  M.  Pixley 
came  forward  and  made  oath  that  the  prisoner  was 
not  James  Stuart,  whom  he  had  defended  on  several 
occasions,  and  whom  he  ought  to  know.  Although  this 
did  not  satisfy  the  court  and  jury  sufficiently  to  secure 
Burdue's  discharge,  it  made  a  mystery  of  the  matter, 
and  so  excited  suspicions  of  the  possible  innocence  of 
Burdue  that  certain  members  of  the  Vigilance  Com- 
mittee determined  to  ferret  the  affair; 

The  shortest  way  to  this  end  was  to  secure  the 
person  of  the  Sacramento  shop -breaker,  the  Foster 
Bar  murderer,  the  robber  of  Dodge,  and  the  convict 
of  the  Sacramento  prison  brig — to  secure  the  person 
of  him  who  had  committed  these  crimes,  whosoever 
that  might  be ;  for  at  the  same  time  that  Mr  Pixley 
swore  Burdue  was  not  the  Stuart  of  these  exploits, 
Dr  Holmes  of  Foster  Bar,  officer  Trueman  of  Sacra- 
mento, and  others  asserted  that  he  was.  Clearly 
amidst  all  this  conflict  of  evidence  the  only  way  to 
solve  the  mystery  was  to  find  the  real  culprit.  If 
Burdue  was  not  the  felon,  who  was  he,  and  where 
was  Stuart?  Much  depended  upon  the  answer;  the 
life,  perhaps,  of  an  innocent  man,  and  the  escape  of  a 
notorious  offender. 

Mr  Pixley  seemed  to  be  the  only  one  in  San  Fran- 
cisco who  was  positive  that  Burdue  was  not  Stvmrt, 
though  at  the  second  trial  there  were  a  number  in 
Sacramento  who  were  sure  of  it;  and  yet  the  j  iry 
convicted  him.    While  Pixley  did  not  scruple  to  clear 


THE  COURTS  AWAKE. 


»71 


;er  in 
cloar 


the  guilty  if  he  could,  for  of  such  his  law  told  him 
was  its  kingdom,  yet  he  would  not  wittingly  see  the 
innocent  suffer.  Therefore,  while  he  would  not  say 
or  do  anything  which  would  implicate  his  client  or 
lead  to  his  arrest,  he  did  not  hesitate  solemnly  and 
positively  to  assure,  not  only  the  court  but  the  Vigil- 
ance Committee,  that  this  prisoner  was  not  guilty  of 
the  crimes  laid  at  his  door. 

Meanwhile  the  Marysville  Vigilance  Committee 
were  skeptical  as  to  Burdue's  innocence ;  yet  after  the 
trial,  and  while  he  was  there  lying  in  prison  under 
condemnation  of  death,  the  Marysville  Committee 
came  out  nobly  in  his  behalf,  and  between  the- two 
committees  no  less  than  fifteen  persons  were  found 
who  said  that,  whoever  the  prisoner  might  be,  he  was 
not  the  renowned  James  Stuart.  But  the  law,  roused 
from  its  lethargy  by  the  murmurings  of  the  people,  was 
determined  on  action.  Many  respectable  members  of 
the  commonwealth,  advocating  capital  punishment, 
had  banded  in  every  town  to  execute  it.  Now  if  they 
wanted  hanging  done,  the  law  could  do  it.  So  saitl 
its  officers  from  the  beginning.  The  whole  country 
was  excited  on  the  subject;  it  was  the  thing  to  do  to 
shed  some  blood.  The  autumn  elections  were  ap- 
proaching, and  the  hanging  judge  would  be  the  popu- 
•  lar  candidate.  Here  was  an  opportunity  too  good  to 
be  lost.  This  man  has  neither  money  nor  friends; 
even  if  he  is  not  the  guilty  person,  he  ought  to  be 
hanged  for  looking  so  much  like  him  and  mystifying 
the  court.  Witnesses  say  that  the  real  James  Stuart 
is  five  feet  nine  inches  in  height,  while  the  prisoner  is 
but  five  feet  six  and  three  quarters  inches;  but  then 
sorrow  and  confinement  are  apt  to  cause  shrinkage, 
especially  in  one  not  guilty  of  the  crime  for  which  lie 
is  condemned.  Besides,  is  it  not  better  that  an  inno- 
cent person  should  now  and  then  be  put  to  death  than 
that  no  example  at  all  should  be  made?  Thus  within 
itself  might  the  law  have  communed,  judging  from 
its  actions. 


272 


ENTER  JAMES  STUART. 


Ii 


The  San  Francisco  Committee  were  by  this  time 
thoroughly  convinced  of  the  innocence  of  Burdue,  and 
tliey  determined  to  redouble  their  exertions  to  f.nd 
the  real  Stuart.  They  had  his  likeness  in  the  unfor- 
tunate Burdue;  their  police  and  patrols  had  but  to 
look  upon  him  and  then  hunt  Stuart.  Country  com- 
mittees were  placed  in  possession  of  the  facts,  and 
were  begged  to  lend  their  immediate  aid  to  save 
the  innocent  and  bring  to  punishment  the  guilty.  It 
was  probable  that  Stuart  was  in  or  near  San  Fran- 
cisco. He  could  not  have  left  the  state  unknown, 
for  every  departure  by  water  was  watched,  and  lie 
would  scarcely  travel  overland,  as  the  men  of  Sydney 
seldom  migrated  far  from  seaport  towns.  Besides, 
where  would  he  find  a  better  country,  one  richer  in 
stealings  or  more  backward  in  punishment?  Then, 
too,  by  this  time  the  acts  of  Stuart  were  so  notorious, 
and  his  person  so  well  known  from  Yreka  to  San 
Diego,  that  the  only  place  at  all  tenantablc  for  him 
was  San  Francisco.  Therefore  the  sons  of  the  Watch- 
ful Eye  were  charged  by  their  ciders  to  find  the  villain. 

Wonderfully  intricate  are  the  ways  that  lead  to 
simple  ends  I  Here  is  all  the  country  hunting  this 
man,  when  one  day  he  drops  almost  of  his  own  accord 
into  the  maw  of  the  new  patent  crime -crusher,  and 
that  for  an  offence  which  he  did  not  commit.  Honest 
men  wonder  at  the  foolishness  of  shrewd  scoundrels ; 
but  may  not  scoundrels  with  equal  propriety  wonder 
at  the  foolishness  of  shrewd  honest  men? 

Between  ten  and  eleven  o'clock  on  the  morning 
of  July  2d  a  house  at  the  Mission  was  entered  and  a 
trunk  abstracted.  The  owner,  learning  of  his  loss, 
raised  the  alarm.  Just  then  it  was  ascertained  that 
a  tent  on  California -street  hill,  near  where  Grace 
Church  was  afterward  placed,  had  been  robbed.  Three 
or  four  men  set  out  in  different  directions  in  pursuit 
of  the  thieves  and  for  the  recovery  of  the  plunder. 
They  at  once  made  their  way  up  the  hill  and  into  the 
chaparral.    The  bushy  suburbs  of  San  Francisco  were 


IN  THE  CHAPARRAL. 


27X 


and 


at  that  time  infested  with  thriftless  and  shiftless 
human  vermin.  The  town  was  not  so  large  then  as 
now,  and  it  offered  less  security  before  determined 
search.  The  suburban  districts,  with  their  sand-hills 
and  hollows  thickly  matted  with  small  trees  and 
bushes,  beneath  which,  with  a  pair  of  blankets,  ono 
might  safely  and  comfortably  sleep  away  the  summer, 
wore  the  favorite  resorts  of  thieves,  who  found  iii 
these  quarters  combined  security  and  convenient  prox- 
imity to  fields  of  enterprise.  The  quail  and  hare  of 
these  parts  were  often  surprised,  and  so  occasionally 
were  the  thieves,  although  it  was  a  most  difficult 
place  to  hunt  them  in,  as  there  were  large  patches  of 
undergrowth  which  neither  horse  nor  man  could  easily 
penetrate,  and  the  surest  way  to  investigate  such  spots 
was  by  sending  in  a  well  trained  dog. 

Somewhere  near  what  is  now  the  corner  of  Powell 
and  California  streets,  some  distance  from  the  road 
leading  from  the  Mission  to  the  city,  the  owner  of 
the  lost  trunk  came  upon  one  who  excited  his  sus- 
picions. He  was  first  seen  standing  on  a  knoll,  look- 
ing toward  the  city;  he  hesitated  for  i  moment,  then 
turned  and  hurried  away  in  the  opposite  direction. 
Calling  to  some  carpenters  who  were  at  work  on 
tlie  hill,  the  owner  of  the  lost  trunk  briefly  related 
the  circumstances  and  pointed  to  the  stranger.  To  a 
casual  or  unsuspicious  observer  it  was  an  exceedingly 
commonplace  thing  for  workingmen  of  the  city- 
strolling  in  the  suburbs  to  meet  one  who  from  his 
dress  might  be  a  miner  waiting  for  the  sailing  of  the 
steamer  or  for  the  arrival  of  his  wife,  or  who  might 
be  a  country  trader,  or  a  ranchero,  or  any  one  of  a . 
dozen  other  respectable  callings.  The  town  was; 
always  full  of  honest  strangers  coming  and  going, 
paying  their  way,  and  minding  their  own  business. 
In  this  instance  the  person  suspected  was  wholly 
innocent  of  the  theft;  and  yet  there  was  that  about- 
him  which  assured  the  workingmen  that  they  had 
found  the  one  they  sought;  and  the  wanderer  believedK 

Pop.  Trib..  Vol.  I.    18 


274 


EXTER  JAMES  STUART. 


II    ! 


r?^|i 


i; 

i 


that  they  knew  him,  believed  that  his  doom  was 
sealed.  But  defeat  is  the  last  thing  a  politician  or  a 
thief  will  acknowledge  to  himself  or  to  another. 

Of  medium  height  and  symmetrical  figure,  with  a 
bright  burning  eye,  hissing  speech,  and  biting  smile, 
the  stranger  looked  the  accomplished  reynard,  which 
indeed  he  was,  except  when  called  upon  to  act  the 
hungry  hyena.  Over  a  clean  gray  woollen  shirt,  cov- 
ering also  one  of  linen,  he  wore  an  English-cut  coat, 
well  fitting  light  pantaloons  tucked  inside  his  boot- 
tops,  and  a  narrow-brimmed  round-top  hat.  Fastened 
to  his  belt,  and  covered  by  his  coat,  were  a  bowie- 
knife  and  revolver  of  fine  finish  and  in  perfect  order. 
In  his  dress,  carriage,  and  general  appearance  there 
was  that  which,  to  a  villain -hunter,  immediately 
stamped  him  as  his  prey. 

Witness  the  windings  of  the  game  now  played. 
Here  was  a  thief;  so  far  the  man  who  had  lost  his 
trunk  was  right.  But  this  was  not  the  thief  he 
sought;  of  this  the  present  guilty  one  was  not  aware. 
Accompanied  by  one  of  the  carpenters,  the  owner  of 
the  lost  trunk  advanced  and  called  to  the  man,  who 
turned  and  walked  toward  them. 

"  Good-day,  stranger."  , 

"Good-day." 

"Do  you  live  ab  ut  hero?" 

^'No." 

■*'  What  are  you  doing  in  this  neighborhood?" 

"  I  am  on  my  way  from  the  Mission  to  North 
Beach." 

"  This  is  not  the  road.  Two  houses  have  been 
robbed  near  by  this  morning.  Where  did  you  get 
the  clothes  you  have  on?" 

"What!  the  devil!  Who  are  you?"  exclaimed  the 
man,  as  his  hand  sought  his  revolver.  But  instantly 
two  cocked  pistols  were  at  his  head,  and  further  move- 
ment of  his  hand  behind  him  he  well  knew  was  death. 
It  was  the  custom  then  for  mechanics  as  well  as  others 
to  carry  pistols. 


DUPLICITY. 


975 


was 
or  a 

ith  a 
mile, 
irhich 
t  the 
,  cov- 

coat, 
boot- 
itened 
)owie- 
ordcr. 

there 
Uatcly 

)layed. 
jst  his 
icf  he 
aware. 
rncv  of 
who 


North 


ou 


"  I  know  nothing  of  your  robbery,"  said  the  man, 
as  he  threw  up  his  handy.  "  Those  clothes  I  have 
worn  ever  since  I  left  Sonora.  I  saw  somebody  with 
u  bundle  but  a  moment  since  disappear  over  yonder 
hill.     I  tell  you  I  am  not  the  one  you  seek." 

"  Listen  to  mc,  my  friend,"  said  the  Mission  man. 
"You  say  you  have  worn  these  clothes  from  Sonora, 
and  that  you  have  walked  some  distance  this  morninj^. 
That  is  not  true.  The  weather  is  warm;  the  roads 
arc  dusty.  Your  boots  are  not  sufficiently  travel- 
stained,  your  linen  shirt  is  clean,  and  the  woollen  over- 
sliirt  you  wear  carries  yet  the  creases  of  its  original 
folding.  You  must  come  with  us  ♦^o  the  rooms  of 
the  Vigilance  Committee,  and  if  you  ire  an  honest 
man  you  have  nothing  to  fear." 

On  the  instant  the  course  he  ■  ^ould  adopt  uashed 
upon  the  captured  criminal,  xiiere  aro  moments 
when  the  future  rises  before  the  mind  like  Aladdin's 
».v.stle;  when  the  ordinary  paths  of  life  are  so  hedged 
by  untoward  circumstarces  that  some  supernatural 
hound  seems  the  only  means  of  escape.  Many  were 
implicated  with  him,  and  these  might  rally  to  his 
rescue.  Oftentimes  before  he  had  surmounted  diffi- 
culties apparently  superior  to  this,  had  lain  in  prison 
condemned  to  death,  had  stood  beneath  the  gallows- 
tree  with  the  rope  around  his  neck,  the  central  figure 
of  an  infuriated  mob ;  and  yet  he  was  alive,  and  but  a 
moment  before  free.  At  all  events  his  present  course 
was  plain  to  him. 

"  I  have  often  heard  of  your  famous  Vigilance  Com- 
mittee," said  he,  with  a  smile  of  sardonic  sweetness. 
"  I  am  anxious  to  see  something  of  it,  and  will  ac- 
company you  with  pleasure." 

Arrived  at  the  committee  room  he  gave  his  name 
as  Stevens;  afterward  he  wrote  it  Stephens.  Those 
present  recognized  immediately  the  strange  likeness 
he  bore  to  the  condemned  Burdue,  and  to  the  de- 
scriptions of  the  infamous  James  Stuart.  Mr  Payran 
was  in  attendance,  and  h^  questioned  him.     Payran 


■     ! 


270 


ENTER  JAMES  STUART. 


prided  himself  on  his  catechetical  abilities.     He  was 
the  Torque* r.ada  of  the  San  Francisco  Inquisition; 
and  although  in  the  exercise  of  the  holy  office  he 
applied  to  his  victims  neither  fire,  nor  water,  nor  the 
cord,  yet  as  a  rule  lie  managed  in  the  end  to  obtain  a 
true  confession,  as  I  have  said  before.     His  test  of 
truth  was  only  his  own  shrewd  common -sense,  dis- 
crimination, and  practical  sagacity;  and  in  his  original 
and  searching  analyses  of  criminal  character  he  had 
acquired  a  skill  wliich  seldom  led  him  astray.    It  was 
his  custom  first  of  all  to  hold  a  private  conference 
with  his  prisoner,  during  which  he  would  talk  with 
ease  and  freedom  on  subjects  such  as  would  likely 
most  interest  his  listener,  meanwhile  watching  his 
countenance,  noting  his  every  word  and  action;  and 
thus  he  would  continue  to  feel  for  salient  points,  and 
sound  his  deeper  nature,  until  the  responsive  chord 
was  sti'uck;  and  when  his  victim's  tongue  was  loosed 
he  would  listen  attentively,  merely  dropping  now  and 
then  a  remark  to  keep  it  going ;  and  this  unruly  mem- 
ber was  the  rope  with  wdiich  in  the  end  the  offender 
was  sure  to  hang  himself     Difterent  cases  he  would 
treat   differently,   being   governed   severally  by  the 
nature   of  the  case  and   by  circumstance.     In  this 
instance  he  had  a  malignant  subject;  but  such  were 
his  special  delight.     A  first-class  felon  in  a  measure 
commanded  his  respect;  to  convict  such  an  one  he 
had  time,  patience,  and  money.     A  monster  ruffian 
was   easier   treated    than   a   petty   vagabond;    large 
crimes  were   wider  known  and  more  easily  proven 
than  small  ones. 

The  executive  committee  was  then  convened  and 
the  prisoner  put  on  trial.  It  was  a  matter  of  no  small 
moment  how  this  case  should  be  handled.  The 
greatest  obstacle  to  the  complete  success  of  the 
Committee  was  the  confederate  crust  that  shut  from 
them  the  mysteries  of  the  class  with  wliich  they  were 
at  war.  One  well  ained  blow  might  shiver  a  score 
of  tenements,  brittle  with  fragile  guilt.    Possessed  of 


BEFORE  HIS  JUDGE. 


m 


numbers,  money,  strength,  it  was  the  earnest  wish 
of  these  busy  men  of  merchandise  to  achieve  swift 
success  and  have  done  with  it.  Here  was  one,  if  it 
prove  true,  indeed,  that  he  was  Stuart,  than  whom 
there  was  not  another  on  the  coast  as  famihar  with 
crime  and  criminals.  This  they  knew  from  the  reports 
of  his  exploits,  which  came  in  from  every  quarter. 
They  had  found  something  of  what  was  called  honor 
among  thieves.  Jenkins  would  tell  them  nothing, 
splendid  brute  that  he  was.  But  like  many  of  our 
most  respectable  money  manipulators  who  sail  to  the 
leev.'ard  of  law,  Stuart,  perhaps,  was  one  of  those  great 
rascals  who  was  true  to  his  confederates  only  so  long 
as  it  was  to  his  interest  to  bo  so.  If  the  right  chord 
wiuj  struck  might  he  not  tell  all  he  knew? 

With  this  object  in  view,  the  Committee  determined 
to  use  extraordinary  care  in  their  investigations.  At 
the  trial  John  Sullivan  testified  that  he  had  worked 
with  the  prisoner  at  Foster  Bar  and  elsewhere ;  that 
he  knew  him  as  English  Jim  and  Jim  Stuart.  The 
prisoner  flatly  denied  ever  having  seen  the  witness, 
and  told  of  himself  a  far  difFeront  story. 

This  John  Sullivan  was  novv'  a  boatman;  he  had  as- 
sisted at  the  capture  of  Jenkins,  and  had  since  joined 
the  Vigilance  Committee.  It  happened  that  when 
Stuart  was  placed  in  confinement  at  the  committee 
rooms  Sullivan  had  been  appointed  to  guard  him. 
On  taking  his  position,  n'^.turall}^  enough  lie  opened 
tlie  door  of  the  room  to  sec  what  sort  of  wickedness 
was  within.  Crouching  in  the  corner  of  the  room,  to 
his  astonishment  he  beheld  his  old  employer. 

"Halloo,  Jim!"  he  exclaimed.  "How  came  you 
here?     You  needn't  pretend  not  to  know  me  I" 

Shortly  after  ]\Ir  Schenck  passed   l)y.     "Do  you 

know  whom  jou  have  here?"  said  Sullivan. 

"What  do  \ou  mean?"  demanded  Schenck. 

"This  is  no  other  than  English  Jim,  or  Jim  Stuart, 

in  this  room,"  replied  Sullivan;  "lie  who  nmrdered 

the  sheriff  at  Auburn.    I  was  present  at  the  attem[)t')d 


278 


ENTER  JAMES  STUART, 


lynching  at  Marysville,  wlien  the  rope  broke  and  he 
escaped. " 

From  another  witness  was  obtained  a  statement  to 
this  effect:  At  Campo  Seco  early  in  1851  had  lived 
a  miner  in  a  cabin  alone.  He  had  accumulated  a 
large  bag  of  gold  dust,  and  fearful  lest  his  house  should 
be  robbed,  he  had  buried  it  some  three  hundred 
yards  distant  in  the  chaparral.  One  morning  about 
fiv^c  o'clock  he  heard  a  noise,  and  soon  discovered  a 
man  prowling  about  the  premises.  He  ordered  the 
intruder  off,  cooked  his  breakfast,  and  went  to  work. 
But  tliinking  of  the  matter  during  the  day,  he  became 
timid,  and  asked  a  friend  to  whom  he  ex[)laimed  mat- 
ters to  lodge  Avith  him.  The  friend  said :  "  No,  lest 
we  both  be  nmrdered  for  your  money;  rather  come 
you  and  sleep  in  my  house."  The  man  did  so;  and 
true  to  his  ft)rebodings  liis  cabin  was  entered  that 
night  and  the  ground  dug  up  both  in  and  around  it, 
but  the  robber  found  little  to  repay  him  for  liis 
trouble.  This  miner  seeing  Stuart  at  San  Francisco 
pronounced  him  the  man  whom  he  saw  at  his  house 
on  the  morning  mentioned.  The  Mission  man  then 
gave  an  account  of  the  arrest;  but  this  amounted  to 
nothinjj:.  Others  were  examined  on  different  charges 
brought  against  him,  but  their  evidence  was  of  a 
character  not  satisfactory  to  the  Committee,  and  the 
prisoner,  so  far  as  these  charges  were  concerned,  was 
evidently  getting  the  better  of  the  trial. 

The  Connnittee  now  retired  for  a  time,  and  the 
matter  was  left  more  directly  with  Payran.  Often 
one  mind  in  the  management  of  an  intricate  case  is 
better  than  a  score.  In  dealing  with  human  nature 
the  greatest  experts  often  act  upon  instinct,  and  are 
unable  to  give  a  reason  for  what  the}^  do. 

Fortunately  at  this  time  there  were  others  in  the 
city  who  liad  seen  Stuart  in  some  one  of  his  many 
misbehaviors,  and  the  condition  of  Burdue  threw 
round  the  affair  a  lively  interest,,  for  it  was  now  the 
openly  avowed  opinion  of  many  that  the  Marysville 


THE  INQUISITOR  GENERAL. 


}d  to 


the 


judge  had  sentenced  to  death  an  innocent  man.  While 
talking  now  like  a  father-confessor,  now  as  a  judge,  and 
then  again  as  a  pleasant  companion,  the  wily  inquisitor, 
unknown  to  his  prisoner,  sent  messages  to  five  or  six 
of  those  whom  he  thought  able  to  throw  some  light 
on  the  matter,  requesting  their  immediate  presence. 
The  calls  were  promptly  answered;  and  as  these  gentle- 
men arrived  the}^  were  secretly  admitted  and  shown 
into  another  room. 

Payran  began  again  to  talk  with  the  prisoner.  Ho 
was  now  prepared  to  give  his  questions  a  more  peremp- 
tory tone.  Up  to  this  time  the  man  of  sin  and  his 
interlocutor  had  carried  on  what  would  appear  to  an 
observer  an  ordinary  conversation ;  yet  each  played  a 
deep  game.  The  stake  of  one  was  his  life,  of  tlie  other 
the  lives  of  his  fellow-citizens.  Gradually  ncaring 
Jiis  point,  Payran  pressed  his  queries  concerning  the 
Jansen  robbery,  the  Foster  Bar  murder,  and  the 
Mar3'sville  trial.  The  prisoner  was  at  a  loss  to  see 
how  these  remarks  applied  to  him ;  he  was  not  Stuart ; 
his  name  was  Stephens.  True,  he  had  come  from 
Sydney;  so  had  many  another  honest  man.  "Un- 
fortunately," sighed  Stuart,  "  there  exists  a  strange 
prejudice  in  California  against  emigrants  from  British 
colonies.  This  is  hardly  just;  there  arc  bad  men  in 
all  communities.  The  Pike  county  people,  as  they 
are  called,  that  is  to  say  emigrants  from  the  Mis- 
sourian  frontier,  are  as  bad  a  lot  as  any  from  Au- 
stralia. In  intelligence  they  are  little  above  the 
beasts  they  drive  across  the  plains;  in  filthiness  both 
men  and  women  are  far  below  them.  They  do  little 
scientific  stealing,  because  they  liaven't  the  ability. 
Why,  I  have  seen,"  continued  Stuart  warming,  "  I 
have  seen  their  skin-cracked,  tangle-hciided,  bare- 
footed, bag-breasted,  and  alkali-seasoned  women,  who 
had  driven  their  cow-teams  from  Independence,  take 
from  a  store  a  whole  barrel  of  salt  pork,  just  as  if 
they  had  bought  it,  carry  it  to  their  camp,  and  open 
and  eat  it  before  the  very  eyes  of  the  trader.     It  is 


280 


ENTER  JAMES  STUART. 


blockheaded  and  base  bunglers  like  these  that  bring 
discredit  on  a  country." 

But  this  was  treading  on  dangerous  ground,  and 
Payran  failed  not  to  note  the  enthusiasm  of  the  ac- 
complished professional  in  the  recital.  The  prisoner 
was  intelligent,  of  easy  manner,  and  was  a  fluent  and 
by  no  means  uninteresting  or  illogical  speaker.  He 
persistently  separated  himself  from  the  felon  Stuart, 
and  from  all  connection  with  wrong-doing;  lie  had 
engaged  in  mining  and  trading  in  various  parts  with 
varying  success,  and  was  now  about  to  stock  a  ranch 
which  he  owned  in  San  Luis  Obispo  county. 

Finally  Payran  squarely  faced  him  and  said: 
*'  Stuart,  I  am  perfectly  well  aware  that  every  word 
you  have  told  me  is  false;  but  I  shall  get  the  truth 
from  you  before  I  am  through  with  you."  From  the 
prisoner's  eye  there  shot  that  strange  sulphurous 
light  peculiar  to  him.  Upon  the  table  near  Payran 
lay  a  loaded  revolver,  and  the  inquisitor  fancied  he 
saw  the  felon's  hand  moving  cautiously  toward  it. 
Without  appearing  to  notice  him  Payran  took  the 
pistol  and  slipped  it  into  the  table-drawer  by  which 
he  wivo  sitting.  Fixing  upon  him  the  most  search- 
ing gaze,  Payran  said:  "Do  I  understand  you  to 
aftirm  that  you  are  not  the  man  called  James  Stuart, 
and  that  you  are  not  guilty  of  the  crimes  of  robbery 
and  murder?" 

"  Most  emphatically  I  do,"  was  the  reply. 

Payran  then  gave  a  signal  to  the  sergeant-at-arms 
attending,  and  the  witnesses,  of  whose  presence  up 
to  this  time  the  prisoner  was  ignorant,  entered.  In 
spite  of  his  effort  at  composure,  when  he  saw  himself 
thus  confronted  the  face  of  Stuart  turned  pale  as 
death.  There  were  standing  before  him  George 
Mason,  who  had  worked  with  him  at  Foster  Bar, 
and  who  had  testified  at  the  Marysville  trial  that 
Burdue  was  not  Stuart;  also  Charles  Hughes,  who 
was  present  at  Stuart's  examination  before  Judge 
Stidger  for  the   robbery  of  Dodge  and  Company; 


EFFECTIVE  TESTIMONY. 


381 


irms 
up 
In 
self 
e  as 
orge 
Bar, 
that 
who 
dge 
my; 


also  George  Hunt,  who  said  he  could  identify  him 
by  his  speech  alone. 

"  Stuart,  do  you  know  these  men,  or  any  one  of 
them?"  demanded  Payran. 

"  I  do  not,"  gasped  the  unhappy  wretch. 

"  Did  you  never  see  this  gentleman  before?"  point- 
ing to  one  of  them. 

"Never." 

"  Nor  this?" 

"  No." 

Then  turning  to  one  of  the  witnesses  the  inquisitor 
asked : 

"  Do  you  know  this  man?" 

"  I  do,"  was  the  reply. 

"  State  where  and  under  what  circumstances  you 
have  seen  him." 

"  I  saw  him  at  Sacramento  while  undergoing  trial 
for  house-breaking." 

Another  witness  was  examined  who  saw  him  at 
another  place ;  then  yet  another.  Meanwhile  passion, 
of  that  sanguinary  hue  which  defies  control,  mounted 
to  the  prisoner's  face,  and  with  glaring  eyes  and  that 
hissing  voice  of  his  thickened  with  the  throes  of 
emotions  maledict,  he  cried: 

"Well,  then,  may  the  devil  damn  you  all,  I  am 
James  Stuart  I     Now  do  your  worst!" 

Sinking  back  into  the  chair  from  which  he  had 
risen,  the  prisoner  was  an  altered  man.  The  gleam 
of  mingled  assurance  and  defiance  that  so  lately 
played  about  his  face  had  entirely  disappeared,  and  in 
its  place  sullen  hate  liad  settled.  The  last  few  words 
which  he  had  spoken  was  as  the  yielding  up  of  his 
g  *'  y  ghost. 

"  Stuart,"  said  Payran,  "  you  have  got  to  die,  and 
speedily.  Of  that  you  may  be  assured;  no  earthly 
power  can  save  you.  It  is  in  no  spirit  of  revenge  or 
hate  that  we  shall  hang  you.  Between  such  as  we 
and  such  as  you  there  must  of  necessity  be  war.  If 
all  were  vultures  there  would  be  no  victims;  all  may 


ENTER  JAMES  STUART. 

be  good,  but  all  cannot  be  bad.  We  do  not  mean 
always  to  live  the  prey  of  such  as  you.  We  must 
defend  ourselves.  You  have  played  your  game,  and 
have  played  it  well;  you  knew  the  risks  of  it  before 
you  took  them,  and  up  to  this  time  you  have  been 
remarkably  successful  in  your  escapes.  Now  your 
time  lias  come.  During  your  few  remaining  hours  in 
the  body  everything  shall  be  done  that  we  can  do 
to  minister  to  your  temporal  and  spiritual  interests. 
Any  letters  which  you  may  desire  shall  be  written, 
any  business  affairs  which  you  may  intrust  to  us  will 
be  executed  more  honestly,  perhaps,  than  you  would 
attend  to  our  business.  One  thing  wo  would  like 
from  you — a  full  and  free  confession.  This  can  be  no 
loss  to  you,  while  it  may  be  a  gain  to  society." 

"But,  sir,"  said  Stuart,  "this  is  no  trial;  you 
would  not  dare  to  execute  me  on  the  strength  of  this 
unlawful  farce  I" 

"  Sir,"  said  Payran,  "  we,  the  people,  are  superior 
to  law;  entertain  no  hope;  rest  assured  you  shall 
never  leave  our  hands  alive.  We  will  give  you  a 
further  trial  if  you  wish  it.  You  may  have  your 
counsel,  summon  your  witnesses,  and  prove  yourself 
innocent  if  you  can.  You  know  whether  such  a 
course  would  avail  you  anything ;  we  think  it  unneces- 
sary." 

While  Payran  was  speaking,  and  for  a  few  moments 
after,  Stuart  sat  stooping  with  his  face  buried  in  his 
hands.     Finally  raising  his  head  he  said : 

"  Well,  I  will  do  it,  damn  'em ;  there  are  some  of 
them  I  will  get  even  with  any wa}^  1" 

Frank  M.  Pixley,  formerly  counsellor  for  Stuart, 
was  now  attorney  for  the  city  of  San  Francisco,  and 
he  deemed  it  his  duty  to  do  something.  First  he 
asked  the  supreme  court  to  grant  a  writ  of  habeas 
corpus  to  bring  into  court  James  Stuart.  The  writ 
was  issued,  but,  strange  to  say,  the  sheriff  seemed  in 
no  haste  to  make  return.  Then  Mr  Pixley  rose  in 
court  and  requested  that  a  rule  on  the  sheriff  be 


PRANK  M.  PKLEY. 


288 


of 


issued  to  make  his  return,  which  was  done.  This  was 
the  9th  of  July. 

The  same  day  the  sheriff  filed  his  return,  endorsed 
as  served  by  leaving  copies  with  several  members 
of  the  Vigilance  Committee.  Again  rose  Pixley  in 
court  and  begged  another  habeas  corpus  writ  to  bring 
thither  certain  members  of  an  organization  styling 
itself  the  Committee  of  Vigilance,  to  show  cause  why 
they  illegally  detained  the  body  of  James  Stuart. 
The  writ  was  granted,  and  returned  by  the  sheriff, 
with  J.  L.  Van  Bokkolen,  W.  H.  Jones,  A.  J.  Mc- 
DufRe,  and  other  members  of  the  Committee  in 
answer.  These  gentlemen  filed  affidavits  that  the 
body  of  James  Stuart  was  not  in  their  jDossession, 
and  was  not  at  the  time  of  serving  the  writ;  where- 
upon Mr  Pixley  made  a  motion  to  discontinue  pro- 
ceedings, which  was  readily  granted,  and  the  gentlemen 
were  discharged. 

This  was  well  enough  so  far  as  it  went,  but  it  did 
not  satisfy  Mr  Pixley.  He  now  filed  an  affidavit 
stating  that,  to  the  best  of  his  knowledge  and  belief, 
the  person  of  James  Stuart  was  in  the  custody  of  the 
Committee  of  Vigilance,  in  the  building  then  occu- 
pied by  them,  and  asked  that  a  warrant  be  issued  to 
bring  Stuart  into  court.  The  warrant  was  issued 
immediately.  The  sheriff  set  out  upon  his  mission. 
Members  of  the  Committee  smiled  upon  him  and 
offered  their  assistance.  The  owner  of  the  buildings 
accompanied  him,  threw  open  all  the  doors,  bade  him 
carefully  examine  every  nook  and  corner,  and  bade 
him  search  until  his  heart  and  Pixley's  were  satisfied. 
And  so  he  did,  he  and  his  deputies,  but  they  found 
nothing.  There  were  the  affable  members  of  the 
alleged  Committee,  reading,  chatting,  smoking,  ap- 
parently enjoying  themselves  as  at  a  club.  But  no 
James  Stuart  was  forthcoming.  And  so  the  law's 
messengers  reported  to  their  masters.  And  Pixley 
was  angry.  He  desired  to  make  the  Committee  re- 
sponsible, but  the  court  ruled  that  with  the  Vigilance 


2S4 


ENTER  JAMES  STUART. 


Committee,  as  such,  it  being  an  unincorporated  body, 
the  law  had  nothing  to  do.  Then  went  Pixley  for  the 
members  again.  McDuffie's  name  was  not  down  in 
the  writ,  so  he  was  discharged.  Jones  likewise  was 
allowed  to  depart.  Van  Bokkelen  swore  that  he  had 
not  then,  nor  did  have  when  the  writ  was  served  on 
him,  nor  did  he  ever  have,  the  custody  or  control  of 
such  a  man  as  James  Stuart.  Pixley  lifted  high  the 
arm  of  law  to  let  it  fall  on  Van  Bokkelen,  for  he  was 
sure  that  if  he  would  he  could  touch  the  spring  which 
should  display  the  coveted  carcass  of  the  murderer. 
But  no;  he  would  be  magnanimous;  he  would  not 
crush  one  man  for  the  sins  of  many.  Clemency  en- 
gendereth  complacency.     Pixley  was  pacified. 

Now  what  'lad  done  these  men  of  work  and  mer- 
chandise, to  whom  the  habeas  corpus  was  the  most 
holy  of  writs,  and  disobedience  thereto  more  fearful 
than  the  unheeded  fulminations  of  the  Vatican  to 
image -worshippers?  Nothing.  They  knew  nothing. 
It  was  their  business  just  then  to  know  nothing,  and 
they  did  it  well.  Unwilling  to  oppose  that  wise  pro- 
vision of  our  constitution  which  secures  to  every 
citizen  the  right  when  arrested  to  be  brougfht  before 
his  accusers;  unwilling  to  disobey  any  mandate  of 
legalized  authority  which  they  could  consistently  with 
their  predetermined  course  avoid,  they  did  the  best 
possible  thing  under  the  circumstances — they  delivered 
themselves  from  temptation.  They  would  not  hesitate 
a  moment  to  deny  the  service  of  such  a  writ  should 
it  be  necessary,  for  they  had  staked  their  lives  upon 
the  success  of  this  crusade,  but  it  was  better  not  to 
be  obliged  to  do  so.  Knowing  that  the  habeas  corpus 
man  was  coming,  they  simply  spirited  their  prisoner 
away.  Bluxome  and  Oakes  took  him  first,  and  throw- 
ing over  him  a  long  cloak  and  a  slouched  hat,  they 
thrust  him  into  a  carriage  and  drove  away,  no  one  but 
themselves  at  the  time  knew  whither.  The  moment 
it  became  necessary  for  them  to  know  nothing,  two 
others  as  trustworthy  as  themselves  were  sent,  having 


EVADING  THE  HABEAS  CORPUS. 


283 


always  at  their  command  guards  sufficient  for  the 
purpose,  and  instantly  Stuart  was  removed  to  a  place 
unknown  to  the  first  confederates;  and  so  lie  was 
passed  from  one  to  another,  the  one  having  charge  of 
him  to-day  not  knowing  his  whereabouts  to-morrow, 
imtil  the  ruffled  dignity  of  the  law  was  soothed;  and 
then  they  brought  him  back  to  the  committee  rooms. 
Mr  Bluxome  informs  me  that  on  setting  out  with 
Stuart  two  pistols  were  shown  him,  and  he  was  t(^ld 
that  if  he  attempted  to  escape  he  would  be  shot. 
He  was  first  taken  to  the  building  of  Endicott  and 
Oakes,  on  First  street,  between  Market  and  Mission. 
]\Ir  Endicott,  then  alderman,  was  absent  at  the  time. 
When  he  came  home  and  found  there  the  well  guarded 
criminal,  he  proceeded  to  the  committee  rooms  and 
said:  "This  will  never  do!  I  am  a  city  official,  and 
have  taken  the  oath  to  support  the  government." 
Reuben  Maloney,  a  member  of  the  first  Committee, 
then  said:  "I  will  take  him."  Among  Reuben's  mis- 
cellaneous acquaintance  was  a  female  friend.  In  her 
house  the  prisonless  criminal,  still  strongly  guarded, 
was  lodged.  But  Aspasia  became  alarmed  at  her 
position  between  the  law,  which  she  herself  loved  not 
overmuch,  and  the  facile  object  of  its  vengeance,  who 
might  slip  his  chains,  and  murder  and  rob  her  at  any 
moment.  She  told  Reuben  that  their  guest  must  de- 
part. So  Stuart  was  taken  elsewhere,  and  was  kept 
moving  from  one  to  another,  as  before  stated. 


CHAPTER  XIX. 

EXIT    JAMES    STUART. 

So,  naturalists  observe,  a  flea 
Haa  smaller  fleas  that  on  liim  prey; 
And  these  liavo  smaller  still  to  bite  'em ; 
And  so  proceed  ad  infinitum. 

Swift. 

When  the  time  came  for  taking  Stuart's  confession 
the  prisoner  seemed  more  eager  and  animated  than 
liny  one  present.  To  him  there  was  no  little  gratifi- 
cation in  the  thought  that  if  he  must  die,  ho  died  at 
least  for  something,  and  the  world  should  know  it. 
At  his  last  lifting,  all  the  people  should  raise  their 
eyes  and  behold  the  greatest  of  scoundrels;  the  jour- 
nals of  the  day  should  be  filled  with  his  exploits;  the 
common  ranks  of  thievery  should  hang  their  envious 
heads;  and  thenceforth  all  mankind  should  know  that 
in  the  vocabulary  of  renown  next  to  honest  greatness 
stands  the  greatness  of  dishonesty. 

Stuart  now  regarded  the  making  of  a  confession  a 
privilege.  "  I  myself  assisted,"  says  Coleman,  "as 
one  of  the  executive  committee,  in  hearing  and  record- 
ing this  confession;  we  sat  through  the  night,  and 
until  the  morning  sun  shone  in  at  the  window,  before 
it  was  completed.  He  went  through  the  whole  range 
of  his  many  rascalities,  gave  vivid  descriptions  of  his 
adventures,  entering  with  great  zest  into  the  details; 
and  it  was  curious  to  see  his  eyes  brighten  and 
twinkle,  and  a  smile  play  round  his  facile  countenance, 
when  describing  his  best  successes.  He  threw  off  all 
restraint,  and  recounted  his  jobs  as  if  bringing  to 
light  a  brilliant  record  which  had  heretofore  been 

[288] 


THE  BAND  OF  NINE. 


287 


kept  necessarily  in  the  dark.  His  guilt  being  so  plain, 
and  the  volume  of  it  so  vast,  it  seemed  as  if  the  life 
of  one  man  >vas  insufficient  to  atone  for  it  all." 

"  It  now  came  out,"  says  Schenck,  "  that  Stuart 
was  a  member  of  a  gang  of  nine,  who  had  been  con- 
cerned in  various  robberies  and  assaults,  composed  of 
T.  Belcher  Kay,  who  was  port-warden  at  the  time, 
John  Morris  Morgan,  Whittaker,  McKensie,  Jack 
Edwards,  Jim  Stuart,  Benjamin  Lewis,  Jimmy-from- 
Town,  and  one  other,  whose  name  I  do  not  now  re- 
member. They  had  a  plan  to  rob  F.  Argcnti's  bank, 
and  also  F.  W.  Macondray's  store.  Kay  was  one  of 
the  leading  spirits,  and  by  virtue  of  his  office  of  port- 
warden  he  had  occasion  to  visit  frequently  Macondray 
and  Company,  and  he  took  these  opportunities  to 
ascertain  what  money  was  in  the  safe.  The  book- 
keeper suspected  something  and  advised  a  stronger 
guard;  and  there  were  fourteen  persons  there  the 
night  the  gang  had  appointed  to  rob  the  building. 
The  band  at  one  time  rented  the  Alhambra,  corner  of 
Kearny  and  Washington  streets,  opposite  the  El 
Dorado  b'nlding,  a  gambling -house  which  stood  on 
the  south-east  corner  of  the  same  streets,  and  opposite 
also  the  building  used  for  the  custom-house  after 
the  fire  of  May,  1850,  which  was  on  the  north-west 
corner  of  the  two  streets,  and  in  whose  vaults  were 
then  two  or  three  millions  of  dollars.  John  IS'Iorris 
Morgan,  a  member  of  the  gang,  was  a  brick-mason, 
and  had  worked  in  the  construction  of  the  vaults  of 
the  building  to  which  the  custom-house  was  removed. 
The  plan  was  to  cut  a  trench,  underneath  the  street, 
from  the  Alhambra  building  to  the  custom-house 
building  for  the  purpose  of  the  robbery,  and  then  carry 
another  trench  from  the  custom-house  across  to  the 
El  Dorado.  After  the  proposed  robbery  had  been 
accomplished  the  first  trench  was  to  be  closed  up  and 
the  other  kept  open  to  avoid  suspicion."  Of  this 
fraternity  Stuart  was  the  leading  spirit. 

But  I  will  let  the  man  speak  for  himself.    T  '^ 


288 


KXIT  JAMES  STUART. 


career  vividly  illustrates  the  hi;^h -pressure  principle 
of  crime  in  California  tlurinjj  this  reiun  of  terror: 

"  I  was  bom  in  Brighton,  Knglund,  in  March,  1820.  When  I  was  sixteen 
years  of  ago  I  committed  forgery,  and  was  banisiieil  to  Now  South  Wcles  for 
life.  My  friends  interceded  and  procured  my  emancipation.  From  there  I 
went  to  South  Australia;  finally  reached  Panamd,  and  shipping  in  the  Ten- 
iiensve  came  to  San  Francisco  in  the  spring  of  1850.  I  immediately  loft  for 
Sacramento;  then  went  to  Marysville,  and  next  day  to  Foster  Bar.  There 
I  joined  the  Rock  Mining  Company  and  worked  with  them  for  a  month.  I 
hired  Sullivan,  the  witness  who  appeared  against  mc,  and  wo  worked  together 
for  some  time  in  various  places.  E  bought  a  claim  of  a  mining  company  for 
which  I  paid  §;K)0;  I  also  bought  a  life-boat  for  §400  which  Avas  used  on  half 
shares  ua  a  ferry-boat  by  another  company.  I  lent  the  Missouri  Company 
$300.  Down  the  river  I  had  a  row  with  Colonel  Prentiss,  and  left  the  pluou 
for  Foster  Bar,  where  I  determined  to  locate.  From  my  ferry-boat  I  was 
receiving  about  six  dollars  a  day,  and  the  claim  for  which  I  paid  $300  was 
yielding  me  from  ten  to  twelve  daily.  At  Foster  Bar  two  of  us  made  n 
garden,  and  that  paid  us  well.  I  built  myself  a  house,  where  I  had  a  store, 
with  Bernard  Feather,  a  German,  as  my  partner.  I  also  commenced  building 
the  largest  house  in  tlie  place,  for  a  boarding-house,  but  never  finished  it.  I 
was  already  tireil  of  this  quiet  uneventful  life.  The  Missouri  Company  closed 
their  business  and  left  the  place  without  paying  me.  Of  one  of  the  company, 
Daniel  Casey,  I  bought  everything  tliey  had  left.  I  searched  their  house,  and 
linding  a  trunk  open,  full  of  clothes,  I  appropriated  the  contents  to  my  own 
use.  I  was  afterward  arrested  for  having  stolen  the  trunk;  an  unjust  accu- 
sation, for  having  bought  all  that  was  in  the  house  I  considered  the  trunk  my 
rightful  property. 

"The  night  after  I  took  the  clothing  I  went  to  Captain  Dodge's  house  and 
played  monte,  where  I  lost  $200.  I  felt  that  I  had  been  cheated,  and  de- 
termined that  I  would  got  even  with  him.  I  watched  him  closely  that  night 
from  an  adjoining  tent,  and  saw  him  put  his  money  into  a  chest.  Waiting 
until  they  were  asleep  I  entered  the  tent  and  carried  off  the  chest.  I  found 
$4300;  there  was  one  piece  of  gold  worth  S1508,  another  worth  $738;  the  rest 
was  in  dust,  with  the  exception  of  about  $000  in  silver.  I  took  it  all  home, 
secreted  the  most  of  it  in  my  garden,  and  resumed  my  work  aa  usual.  In 
about  ten  days  I  was  arrested  for  liaving  stolen  the  trunk,  and  paid  at  once 
the  $500  I  il.  Three  days  after  I  was  again  arrested  on  a  charge  of  grand 
larceny  for  *'€aling  the  $4300,  and  was  committed  to  jail  in  Marysville.  There 
was  great  '  itement ;  the  mob  was  determined  to  hang  me,  but  the  judge  had 
me  safely  ^  t-ded  by  sixty  men.  The  next  morning  Captain  Dodge  came  to 
me  and  said  I  would  give  him  the  money  he  would  let  me  off  and  see  that 
I  was  not  m(  3ted.  I  was  uncertain  what  course  to  pursue ;  but  when  I  was 
told  that  his  ife  and  children  were  suffering  at  home  I  concluded  to  give  it 
Tip,  all  but  $7/  3,  which  I  said  I  had  lost.  During  the  remainder  of  the  day  I 
stayed  with  ctie  sheriff,  Edward  Barr ;  sold  all  my  things  immediately  at  auc- 
tion, depositing  the  money,  $170,  with  him.  In  the  evening  the  sheriff  went 
out  to  collect  some  of  the  money.    While  he  was  gone  his  cook  advised  me  to 


CONFESSION. 


8S0 


loavo  tlio  plftce  nt  once.  I  told  liini  I  couldn't  go  without  money ;  the  coolc 
replied  that  if  ho  waa  in  my  plnco  lio  wouldn't  risk  delay  ft  moment,  i  Ntarted 
at  once  for  tSocrumento,  walking;  tliruo  miles.  I  hud  no  money  to  buy  a  hoi'Mc, 
.sii  1  Mtolu  one.  The  next  day  I  sold  it  ia  tSucrankoutu,  'vheru  I  i-eniaiueil  a  turt- 
iiiglit.  Wliilo  there  I  bccnuiu  aciiuttintod  with  two  or  three  Americans  and 
(iiic  Sydney  man,  whoso  solo  business  was  to  steal  horses  and  mules,  which  I 
would  sell  for  them.  I  think  T  knew  of  every  robbery  committed  in  ."^aera- 
ini  iito  while  I  was  tlicre.  Tho  names  of  tho  horse-thioves  were  Dab,  James 
iVate,  and  Johnny  Ghl&ths.  We  heard  that  thero  wa.s  a  bri^  in  tlie  river 
with  about  §20,000  on  board;  bo  Gritliths,  Ivlwards,  lirown,  and  I  went  m\ 
lupai'd  and  got  all  tho  ni(uicy,  which  was  oidy  al>out  $l'il)0.  Tiio  next  day  wo 
agreed  to  como  to  San  Francisco,  A  man  eamo  down  witli  us  called  Jinmiy- 
irom-Town.  He  had  robl)cd  n  Spaniard  on  tiie  river  of  tiiirty  ounces  of  nold, 
\tliicU  ho  divided  among  four  of  us.  Wo  camu  together  from  I'unumil  on 
Ijuird  tho  TcnntMsw,  and  1  stowed  him  away  on  tlio  passage.  TJiu  same  nigi>t 
we  went  aboard  tho  J.  Canket,  Edwards,  Brown,  Smith,  and  I,  and  robbed  tho 
vessel.  Wo  had  some  hard  fighting  to  do;  the  captain  was  <lc.s[)erato,  ami 
wo  fought  him  uni-l^  wo  left  him  almost  dead.  During  tho  fight  his  wife 
came  out  of  the  cabin  with  u  sword  in  her  Imnd,  which  I  took  away  from  her. 
I  acted  as  captain.  Wo  were  all  masked.  Wo  searched  tho  cabin,  and  ob- 
tained from  the  captain's  wife  all  tho  money  on  board ;  also,  at  my  iniuest,  slio 
;.'ave  me  an  Allen  si.K-shootcr.  Tho  woman  begged  I  would  not  tako  lier  hus- 
band's life.  I  said  I  did  not  want  to  do  it  if  ho  would  bo  quiet.  I  was  about 
to  fcike  a  splendid  gold  chronometer  watch.  She  hoped  I  would  not  tuko  it 
as  lior  mother  had  given  it  to  her.  I  said  on  those  conditions  I  would  not 
take  the  watch.  Tho  others  kicked  up  a  row  for  not  taking  it,  but  I  told 
th(  r.i  that  I  was  master ;  that  they  had  made  me  so  and  I  would  do  as  I  liked. 
licfor(!  leaving  the  vessel  I  tied  tho  captain's  hands  l)ehind  him,  shut  him  up 
ii;  the  cabin,  and  told  his  wife  not  to  speak  for  two  hours,  as  I  should  not 
leave  the  ship.  We  found  that  instead  of  getting  $15,000  or  310,000  we  had 
gut  only  §170.  When  tho  captain's  wife  gave  me  the  money  she  said  tliat 
they  had  sent  it  nearly  all  home  on  a  previous  packet,  or  wo  should  have  got 
it  all  without  doubt.  The  captain  advertised  a  loss  of  ?000.  We  stopped  in 
San  Francisco  for  five  or  six  days.  I  spent  one  night  in  Grayson  and  Guild's 
store,  where  wc  attempted  to  get  tho  safe  containing  tiio  money,  but  found  it 
too  heavy  to  move.  Then  I  went  to  Sacramento  alone,  aiul  stopped  at  Moore's 
house,  on  L  street.  Did  nothing  but  play  cards,  and  I  won  a  great  deal  of 
money.  I  sold  horses  and  mules,  as  they  were  brouc^ht  in  by  norse-thieves, 
under  the  name  of  Campbell.  Moore  died,  and  I  bought  his  wife  out  for  §1.')0. 
All  the  goods  stolen  in  Sacramento  were  brought  to  this  house.  John  Griffiths, 
John  Jones,  Bill  Nelson,  and  Old  Jack  were  my  boarders.  A  few  <lay3  after- 
ward GiiiEtiiS  was  arrested  for  picking  a  man's  pocket  of  §800  in  an  auction 
store.  On  Monday  ho  was  committed  to  the  prison  brig  with  his  bail  placed 
at  §1500.  They  were  kicking  up  a  row  in  Sacramento  and  wotddn't  go  straw 
bail,  so  to  raise  the  money  I  took  a  team,  loaded  it  from  my  house  witii  stolen 
goods,  and  started  for  Mormon  Island,  where  I  sold  everything.  Then  1  re- 
turned to  Sacramento,  and  obtained  au  order  from  tho  sheritl'  to  go  on  board 

the  brig  and  see  Griffiths.     I  found  that  on  the  night  before,  in  trying  to 
Pop.  TBm.,  Vol.  I.    19 


290 


EXIT  JAMES  STUART. 


escape  with  irons  on,  ho  had  been  drowned.  Wliile  I  was  away  my  house  was 
robbed  of  everything :  I  did  not  think  it  worth  while  to  open  another  house, 
and  went  to  live  in  a  small  house  near  the  burying-ground.  A  few  days 
afterward  I  was  arrested  for  house-breaking.  I  employed  Mr  Pixley,  who 
promised  to  get  mc  out  of  the  scrape  for  fifty  dollai's.  I  told  him  I  was 
guilty.  Old  Jack  swore  false,  and  I  gave  him  twenty  dollars.  About  a 
week  or  ten  days  after,  was  arrested  again  for  breaking  into  a  house  in  a 
lumber  yai'd.  I  was  very  nearly  shot  there;  a  bullet  went  through  my 
hat  at  till  events.  I  got  taken  and  committed  aboard  the  brig  for  trial. 
A  night  or  two  before.  Mat  Hopword,  from  Sydney,  or  Big  Brummy,  as 
wc  call  him,  robbed  a  house  with  me,  where  we  got  between  eight  hundred 
and  nine  lumdrcd  dollars'  worth  of  property.  Employed  Mr  Pixley  again, 
and  ]iaid  him  fifty  dollara,  and  gave  him  fifty  more  for  getting  off  Bii,' 
Biummy,  who  had  robbed  a  woman.  Two  days  after  I  had  been  on  board  thi' 
prison  brig  a  constable  came  do'wii  from  Auburn  and  identified  me  as  tin: 
imu'dcrer  of  Sheriff  IMoorc  of  Auburn.  Two  ur  three  houra  afterward  two 
more  constables  came  on  board,  one  from  Foster  Bar  and  one  from  Marysville, 
and  identifiei'  .le  as  having  mui-dered  Charles  Moore.  One  had  a  warrant : 
they  went  to  .j  udge  Sackett,  who  gave  them  an  order  to  bring  me  ashore.  1 
was  taken  to  the  judge's  office;  Mr  Pixley  appeared  for  me,  and  would  not 
allow  the  judge  to  examine  me.  I  was  then  sent  on  board  the  brig  again. 
The  next  morning  the  sheriff  came  for  me,  and  Mr  Pixley  told  him  that  his 
warrant  was  not  legal ;  that  he  could  not  take  me  without  another  warrant 
from  ^larysville ;  so  the  sheriff  went  after  it.  I  then  gave  Mr  Pixley  my  bag 
of  gold  dust  to  weigh  out  six  hundred  dollars,  and  an  order  for  one  hundrcc  I 
and  thirty  dollars,  which  ho  told  me  he  had  got  aud  would  pay  mo  next  day. 
The  orders  I  gave  Pixley  were  in  the  name  of  James  Campbell.  That  night  I 
made  ni j'  escape  from  the  brig.  I  walked  the  next  day  to  Dry  Creek,  half-way 
to  Stock  ton ;  when  I  reached  Stockton  I  disguised  myself  and  came  to  San 
Francisco  on  a  steamer ;  this  was  about  the  middle  of  December.  I  stoppinl 
at  Edwards'  house  in  Sydney  Valley. 

"  I  never  went  out  of  the  house  during  the  day.  At  night  I  went  to  I'uit 
Philip  Hou»c  kept  by  ^IcCormick  and  Whittaker.  At  this  tune  Jauscn 
lived  next  door  to  Whittaker,  We  heard  that  there  was  a  safe  in  a  butcher's 
shop  in  Broadway  witli  eight  or  nine  thousand  dollars  in  it,  soWliittakcv 
and  I,  Avith  Edwards  and  George  Adams,  took  the  window  out,  moved  tho 
safe  into  tho  street,  but  could  not  get  it  any  further.  Our  next  attempt  was 
Mintuni's;  Belcher  Kay  paid  there  was  a  great  deal  of  money  there.  In  this 
mess  there  was  a  largo  number  of  us.  Edwards,  Whittaker,  George  Adam^ 
I'ldward  McCormick,  l^elchcr  Kay,  Bob  McKensie,  and  I  took  a  boat,  fall 
and  tackle,  uiado  shears,  put  a  feather-bed  in  the  boat,  augers  and  saws,  anil 
all  went  pretty  well  armwl.  Three  or  four  of  us  got  inside  tho  building  aiul 
moved  the  safe  a  little;  made  a  iev,  auger  holes  hi  tho  floor,  intending  to  cut 
tho  iloor  away ;  some  one  came  to  tho  door,  a  false  alarm,  and  we  had  to  run. 
McKensie  gnoiled  it  all  by  not  knowing  his  instructions;  ho  gave  Avrong  sitr 
nals,  and  we  jumped  into  the  water  and  ran  away.  With  such  a  big  haul 
we  should  not  have  stirred  for  ono  man  or  two.  Belcher  Kay  watched  out- 
side.    The  next  thing  was  a  jeweler's  shop;  Belcher  Kay  had  examined  it; 


CONFESSION. 


2&1 


use  was 

house, 

w  days 

3y,  who 

n.  I  was 

\.bo«t  a 

jse  in  ii 

ugh  my 

or  trial. 

mmy,  jw 

huinlfcil 

ly  again, 

;  off  Bis 

)oard  tho 

10  as  the 

vard  two 

avysvillo, 

warriiiit: 

ishore.     1 

vould  not 

rig  again. 

n  that  his 

;r  warrant 

ey  my  bag 

[o  huudn'il 
next  day. 
at  iiiglit  I 
:,  half-way 
me  to  San 
I  atopinnl 

nt  to  I'o'.t 
ne  JansLU 
butcher's 
Wliittalii'V 
moved  tho 
tempt  was 
In  thirt 
go  Adam-, 
boat,  fall 
saws,  and 
ilding  and 
ding  to  cui 
lad  to  run. 
Avrong  si  I' 
a  big  haul 
,tchcd  out- 
;amiued  it ; 


ho  said  there  was  twenty  or  thirty  thousand  dollars  in  diamonds  there.  Ed- 
wards and  I  went  at  night  and  looked  at  the  place ;  gave  my  opinion  that  we 
could  not  do  it ;  too  much  risk,  as  there  were  four  or  five  men  in  the  shop 
below,  and  so  we  gave  it  up  as  a  bad  job.  The  next  thing  Belcher  Kay  got 
for  us  was  Macondray'a  store ;  he  had  been  watching  it  for  a  month,  and  ho 
told  us  that  there  were  three  safes  raid  a  vault  with  lots  of  money ;  as  much 
as  we  could  take  away  in  a  boat.  We  came  np  in  the  night  to  do  it.  but  somo 
of  the  men  backed  out ;  and  considering  there  were  eleven  men  in  the  building 
we  all  gave  it  up. 

"The  next  night  Whitaker  infonned  us  of  Janseu'a  place.  He  said  tliat 
when  Janscn  moved  lv>  h.id  a  bag  which  ho  supposed  contained  ten  or  fifteen 
tliousand  dollars ;  we  agreed  to  go  and  get  it.  Jim  Briggs  and  J.  M.  Morgan, 
who  had  just  come  from  Monterey,  and  Wliittakor.  Edward  McCormick, 
Billy  Kcwes,  Belcher  Kay,  and  I,  who  had  been  together  for  ten  day.s,  were 
in  this  job.  McKcnsio  had  had  a  falling  out  with  ^lorgan  and  Briggs,  and  had 
to  leave.  Morgan  went  mto  Janaen's  store  firet;  the  rest  stoiiped  in  tlic  road. 
Whitaker  and  I  stood  at  the  window  durlrg  this  time  I  thought  lie  wu.i 
too  long  and  could  get  no  money,  so  I  went  in  to  help  him;  I  got  lialf-u;.y 
up  the  shop,  behind  the  counter;  I  heard  Jansen  ask  Morgan  what  ho  want<'(l 
there;  Morgan  said  he  wanted  to  look  at  some  blankets.  Jansen  turin.l 
around  and  saw  me  behind  the  counter,  and  I  also  told  him  I  wanted  soiu'.! 
blankets.  He  stepped  about  two  yards  to  show  me  the  blankets,  when  T  hii 
him  on  the  head  with  a  slung-shot  and  knocked  him  down.  I  then  left 
Morgan  to  look  after  him  while  I  searched  for  the  money.  I  only  hit  liir.i 
ohcc.  I  opened  a  desk  and  took  out  a  shot-bag  containing  money,  lioiii 
.Morgan  and  I  had  cioaks  thrown  about  us  as  a  disguise.  I  carried  the  money 
iiome  to  Sydney  Valley.  There  was  one  thousand  five  hundred  and  si.\t\ - 
light  dollars  in  gold  coin.  We  divided  it  among  eight,  making  a  hundicil 
and  ninety-si.v  dollars  apiece.  We  M'ent  down  to^vn  and  spent  a  few  hours 
at  Mrs  Hogan's,  on  Sansome  street;  her  house  was  a  crib  for  stolen  property ; 
she  wears  my  picture,  and  knows  all  about  our  motions,  but  Mr  Hogan  w;is 
innocent.  The  next  day  tiiere  was  quite  a  fuss  about  town  made  over  Jansun's 
as.sault  and  robbery.  We  did  not  ..^mmit  any  more  robberies  while  the  trial 
of  the  men  arrested  for  striking  .Tansen  was  going  on,  as  we  did  not  wisii  the 
men  hung,  knowing  that  they  were  innocent.  We  would  have  shot  fifty  men 
rather  than  have  i.ad  them  hung.  We  agreed  ihat  if  those  men  were  Iiuiil;, 
which  we  expected  they  would  be,  we  would  fire  the  town  on  Sunday  nigiit 
in  several  places. 

"A  few  nights  after  we  agreed  to  rob  a  bank  kept  by  Beebee,  Ludlow,  and 
Co.,  on  Montgomery  street,  fn  this  we  were  to  bo  assisted  by  Bob  Mclntyre 
and  Andy  McCa:ty.  They  told  us  that  whenever  \vc  were  reatly  they  would 
take  the  watch  off  their  beat.  These  polico-oificera  used  to  know  all  we  weio 
about  those  days.  Wo  tried  two  nights;  opened  the  outside  door  by  false 
keys.  Watched  it  two  days,  and  concluded  there  was  not  money  enougii  to 
pay  for  attempting  the  robbery,  as  we  observed  the  ijorter  come  t'ach  morning 
from  Argenti's  with  bags  of  money  deposited  the  previous  night. 

"  The  next  night  we  went  to  Young's  Bank,  next  to  El  Dorado,  in  Wu-shiug- 
ton  street.     Morris  Morgan  helped  build  the  monej*  vault,  and  gave  us  tiie 


EXIT  JAMES  STUART. 


infommtion.  Went  down  El  Dorado  steps,  opened  the  door  with  false  keys; 
entered  and  found  two  lieds ;  discovered  too  many  people  sleeping  about  there, 
considered  it  too  dangerous,  and  gave  it  up.  Belcher  Kay  was  an  accomplice ; 
there  were  eight  in  the  gang;  Kay  generally  was  outside  watching.  We 
have  had  an  understanding  with  police-officers  Mclntyrc  and  ^McCarty  for  a 
lonj:  time ;  they  were  concerned  with  us  in  the  robbery  of  Young's  Bank. 

"  The  next  night  we  stole  a  small  safe  out  of  Emerson  and  Dunbar's  auc- 
tion store;  this  was  Sunday  night;  there  was  but  twenty-four  dollars  in  this 
safe.     Adams  stepped  out  at  the  time  of  Aliuturn's  robbery. 

'■  The  following  night  we  stole  a  safe  from  Gladwin  and  Whitmore;  took 
it  up  the  sand-hills,  but  were  discovered  before  we  liad  broken  it  open.  Here 
we  lost  all  our  tools,  which  were  worth  five  hundred  dollars  to  us.  Then  I 
went  to  Mrs  Hogan's  house.  Bill  Ilewes  went  home  that  night.  Not  liking 
to  see  the  men  go  to  the  watch-house,  I  wanted  the  rest  to  come  and  free 
them  by  force;  but  they  refused,  thinking  that  by  employing  Mr  Parburt 
and  other  lawyers  they  would  be  cleared.  The  next  daj'  Morgan  was  ac- 
quitted and  Briggs  committed  to  jail. 

"The  next  day  I  went  to  Cold  Blrflf  in  the  schooner  B.  F.  Allen;  I  was 
twenty -seven  days  on  the  passage  to  Trinidad  Bay.  I  there  saw  Bob  McKensie, 
Dab,  the  horse- thief,  and  Jem  Peet;  they  came  from  Oregon.  They  said  that 
five  horse-thieves  had  taken  about  sixty  horses  from  Sacramento  City  to  Oregon, 
and  there  sold  them.  I  found  Trinidad  to  be  a  bad  place  for  me.  I  played 
cards  with  Dab,  and  won  all  his  money,  about  three  hundred  dollars.  I  then 
came  back  in  the  B.  F.  AUen,  and  paid  the  passage  of  Dab  and  Peet  also  to  Sfui 
Francisco.  We  arrived  in  San  Francisco  on  Sunday,  when  Dab  threatened  to 
inform  on  me  if  I  didn't  give  him  money ;  so  I  gave  him  fifty  dollars. 

"  I  went  to  James  Kitchen's  house,  and  sent  him  on  IxHird  the  schooner  for 
my  bed  and  blankets.  The  same  day  Dab  and  a  policeman  stopped  me  on  the 
street ;  the  policeman  wanted  me  to  go  to  the  recorder's  with  him.  I  drew 
my  pistol  to  shoot  him,  and  he  shoved  off.  'J'here  were  many  people  around, 
and  I  gave  him  one  hundred  dollars  to  quiet  him.  I  then  went  to  Kitchen's 
to  stop  that  night.  I  went  to  see  Mrs  Hogan,  who  told  me  that  there  was  a 
waiTant  out  for  Whitakcr  and  Long  Charlej',  for  robbhig  a  man  in  her  house 
of  fifteen  thousand  dollars ;  she  said  she  had  secreted  Whittaker  at  the 
Mission,  and  advised  me  to  leave  the  town,  r.s  the  police  were  searching  her 
house. 

'  ■  The  next  morning  I  hired  a  horse  at  a  stable  and  rode  to  Monterey.  At 
this  time  I  had  just  taken  the  name  of  Carlisle,  having  previously  been  known 
as  Campbell.  I  went  to  Monterey  on  purpose  to  attend  the  trial  of  the  men 
arrested  for  robbing  the  Monterey  custom-house.  I  went  to  the  watch-house 
and  saw  the  prisoners.  The  st  coud  night  my  horse  was  stolen  from  me.  Dick 
Osman  was  first  put  on  trial.  Parburt  went  down  from  Sun  Francisco  to  do- 
fLiid  him,  and  I  appeared  as  u  witness  ia  his  favor.  Whittaker  was  also  at 
Monterey;  Briggs  was  then  in  custody;  Kitchen  airived  at  Monterey  in  tlic 
steamer.  We  all  knew  the  parties  were  guilty.  Althougli  they  took  thir- 
ti'on  thousand  dollars  down  from  San  Francisco,  all  that  was  robbed  was  eight 
thousand,  though  lUiudall  said  that  he  had  lost  thirty  thousand.  Parburi, 
McDonald,  and  Judge  Merritt  were  counsel  for  prisoners,  and  Colonel  Weller. 


CONFESSION. 


293 


keys; 
there, 
plice ; 
We 
J  for  a 
ik. 

■'s  auc- 
in  this 

>;  took 
Here 
Theu  I 
t  liking 
lucl  free 
I'arburt 
was  ac- 

( ;  I  was 
cKcusio, 
laid  that 
)  Oregon, 
I  played 
.  I  then 
Iso  to  San 
atened  to 

3. 

,ooner  for 
ine  on  the 
I  drew 
e  around, 
Kitchen's 
ere  was  a 
bcr  house 
er  at  the 
ching  her 

terey.  At 
len  known 
the  men 
Itch-housc 
Ine.  Dick 
Idco  to  dc- 
las  also  at 


t-cy  in 


the 


took  thir- 

Iwas  oif^ht 

I'arbun, 

lul  Wellcr. 


Bolts,  and  Wallace  for  pi  execution.  There  was  a  gre.it  deal  of  false  swearing 
and  bribv^ry.  .AH  the  money  was  taken  from  the  prisoners ;  the  court  charges, 
amounting  to  one  thousand  dollars,  were  first  deducted,  and  the  balance, 
twelve  thousand  dollars,  was  equally  divided  between  the  prisoners  and  prose- 
cuting counsel.  The  prisoners  then  paid  their  own  lawyers.  Randall  received 
one  half  and  the  prisoners  the  other  half  of  the  twelve  thousand  dollars. 
Ryan,  Morgan,  and  Tom  Quick  were  then  in  jail,  but  Osman  Mas  tried  and 
conseated  to  the  division.  The  sheriff  of  Monterey  received  seven  hundred 
dollars  and  a  gold  watch  for  packing  tlic  jury  and  for  other  services.  Morris- 
man,  a  juryman,  received  one  hundred  dollars  from  the  prisoners,  which  was 
paid  after  the  trial.  Dennis  ^McCarthy,  the  constable,  received  one  hundred 
dollars  from  the  prisoners  for  false  swearing.  He  first  swore  for  the  pi'ose- 
cution,  and  then  swore  back  in  favor  of  the  prisoners.  Jim  Carson,  a  jury- 
man, held  out  for  guilty ;  he  was  bribed  by  the  prosecution.  The  judge  knew 
nothing  about  all  this.  Parburt  told  me  to  let  the  prisoners  out  of  jail ;  I 
broke  the  door  down  and  they  were  free. 

"  Then  I  started  on  foot  from  Monterey  for  tlie  southern  mines.  Wlicii  I 
reached  San  Jo8(5  I  stole  a  horse,  saddle,  and  bridle,  but  was  captured  near 
!^an  Joaquin.  I  got  in  a  row  with  eleven  Mexicans  who  took  my  gun  and 
said  that  I  had  stolen  their  horse;  they  took  mo  back  to  Liverniore  l'a.ss. 
I  gave  them  my  watch  and  chain  to  release  me,  and  started  on  foot  for  Soiioia. 
From  there  I  went  to  Sullivan's  and  worked  about  a  week,  but  did  not  like 
mining.  Then  went  to  ^lariposa  wherb  I  worked  for  five  weeks ;  thoi-e  I  mot 
two  Americans  who  knew  me ;  I  did  not  think  myself  safe  and  started  on  foot 
for  San  Francisco. 

"I  arrived  here  on  Tuesday  night ;  I  saw  Kitchen  in  the  El  Dorado  r  went 
to  his  house  whore  ho  used  to  live ;  all  my  things  wove  loft  at  Kitehon'N,  and 
are  ptill  there.  Wednesday  morning  I  arose  and  wont  to  the  Mission  to  .';ee 
an  acquaintance  who  lives  at  the  bakery;  this  ncquaintanco  wished  me  to  rob 
a  SpiUiiard's  house  at  the  Mission.  I  went  into  the  Mansion  House,  saw  the 
safe,  and  said  I  would  .'joc  him  again  about  it.  I  took  tlie  hills  on  the  way 
back  from  tho  Mission  to  avoid  being  soon,  and  was  arrested  on  the  sand-hills 
doing  nothing ;  I  was  on  tlio  way  to  North  Beach. 

"In  coming  from  San  Jose  to  San  Francisco  last  January  or  Februar\-  I 
came  in  the  steamer  JNV»'  iS/.ir,  witli  one  Smith,  wiio  was  afterward  shot  in 
Sacramento  \vlule  robbing  ii  house.  W'c  wi'ut  from  Sim  Francisco  to  fean 
.los(5  on  purpose  to  rob  tlic  cliui-ches  of  the  isilver  aud  gold  images.  We  were 
told  th.at  there  was  .'i  gold  imai;e  •\V(i;,'liing  ten  pounds,  but  we  could  not  llnd 
it.  We  got  stuck  on  a  nm<l-flat  on  tlio  pas.sagc.  In  tlio  morning  we  ^vcr(> 
called  into  the  cabin  and  told  that  a  passenger  had  been  robbed  of  one 
thcjusand  dollars  in  gold  dust.  They  took  my  gold  dust,  amounting  to  about 
six  hundred  dollars,  and  that  of  another  passenger ;  but  I  did  not  conmiit  tlio 
robljory  nor  know  anything  about  it.  Before  leaving  the  Kew  Slav  I  threatened 
tlio  raptain  tliat  I  would  rcpcirt  him  if  he  did  not  give  me  back  my  money ; 
ho  was  afraid  I  might  make  him  trouble  and  gave  it  up. 

"On  arrival  here  I  advised  robbing  the  Nevi  Star.  I  met  Teddy  McCor- 
inick  and  John  Edwards,  and  went  down  to  the  steamboat.  1  went  on  board, 
opened  the  window,  and  robbed  the  desk  of  about  two  iiundred  and  lifty 


294 


EXIT  JAMES  STUART. 


Hollars.  T  have  worn  a  eerape  and  have  ridden  horseback  in  San  Francisco. 
Jimmy-from-Town  robbed  Dow's  safe  and  blew  it  up  with  powdei.  Have 
heard  hundreds  remark  that  the  day  would  soon  come  when  this  country 
would  be  taken  by  the  Sydney  people." 

In  addition  to  this  story  of  guilt  is  the  testimony 
of  Joseph  Hetherington,  who  took  charge  of  Mrs 
Hogan's  house  at  her  husband's  request  while  he  was 
at  the  mines.  Whitaker  boarded  there  during  Mr 
Hogan's  absence.  Whitaker  gave  him  this  account 
of  the  murder  of  Moore,  the  sheriff:  He  said  that 
Stuart,  with  two  Americans,  was  travelling  from 
Nicolaus  to  Marysville;  the}-  had  but  little  money, 
and  they  concluded  that  they  might  as  well  be  dead 
as  to  be  without  money;  so  they  agreed  to  rob  every 
man  they  met  until  they  secured  twenty  thousand 
dollars  apiece  for  themselves.  Sheriff  Moore  hap- 
pened to  be  the  first  man  who  crossed  their  path,  and 
Stuart  at  once  shot  him.  It  was  for  this  murder  that 
Burdue  was  convicted  before  Stuart  was  arrested. 

Stuart's  confession  raised  quite  a  commotion  among 
the  fraternit}'.  While  the  professionals,  whose  sombre 
deeds  were  lighted  by  the  people  and  the  press, 
scattered,  respectable  malefactors  as  a  matter  of 
course  loudlj^  proclaimed  their  innocence.  I  do  not 
doubt  that  Stuart  exaggerated  where  he  entertained 
enmitv,  or  that  he  lied  whenever  it  suited  him.  He 
was  bad  enough  to  do  anything,  and  he  was  strong 
enoujjh  to  do  much.  Yet  in  false  charijes  there  are 
usually  some  facts.  A  lie  seldom  rests  on  no  founda- 
tion ;  or  if  it  does,  the  victim  of  it  is  indeed  a  sufferer, 
for  such  is  the  construction  of  men's  minds  that  he 
can  never  wholly  escape  the  effects  of  it.  Evil  is 
never  spoken  of  the  innocent  whom  the  slanderer 
does  not  know.  Vice,  like  fire,  is  a  dangerous  play- 
thing. When  the  clouds  drop  pitch,  you  may  look 
for  the  white-robed  at  home. 


Scarcely  had  the  clock  told  nine  on  the  morning 
of  July  11,  1851,  when  the  Monumental  bell  struck 


SENTENCE. 


205 


|rning 
Itruck 


lor  the  assembling  of  the  general  committee  at  their 
rooms  on  Battery  street,  and  instantly  the  streets 
were  filled  with  citizens  hurrying  thither.  So  much 
time  was  occupied  by  the  Committee  in  their  grave 
deliberations  that  the  crowd,  congregated  in  knots 
about  the  building,  became  impatient.  Those  who 
knew  nothing  of  the  proceedings  within  began  to 
think  it  but  an  ordinary  conference,  and  about  noon 
dropped  away  to  attend  to  their  respective  aflfairs. 

The  minutes  of  the  jjeneral  meetinor,  Selim  Wood- 
worth  i-^  ihc  chair,  are  brief  and  to  the  point.  On 
motion  the  evidence  in  the  case  of  Stuart  was  read. 
Questions  were  then  put,  and  it  was  determined  that 
the  prisoner  was  guilty  of  crimes  which  rendered  him 
liable  to  the  punishment  of  death;  that  he  should  be 
hanged;  that  a  clergyman  be  sent  for;  that  the  exe- 
cution take  place  at  two  o'clock;  that  the  executive 
committee  should  make  the  necessary  arrangements; 
that  no  i:)orson  be  allowed  to  leave  the  room;  that  the 
prisoner  receive  his  sentence.  Half  an  hour  after,  the 
sentence  of  death  was  pronounced  upon  the  prisoner, 
who  during  the  final  meeting,  with  imperturbable  cool- 
ness, sat  manacled  in  an  adjoining  room.  Once  or 
twice  during  the  awful  three  hours  thus  employed 
he  placed  his  fettered  hands  behind  his  head,  yawned, 
and  exclaimed,  "This  is  damned  tiresome;  give  me  a 
chew  of  tobacco!"  In  this  request  he  was  indulged. 
Bcinj?  brouoht  into  the  council -room  to  receive  his 
sentence,  he  displayed  the  same  apparent  non<.'halance. 
Two  hours  of  grace  were  allowed  him  in  which  to  pre- 
pare for  eternity.  Stuart  received  the  clergyman, 
Klines,  with  great  respect;  though  at  first  sullen  ho 
yielded  to  the  influence  of  the  hour,  and  at  last  ac- 
knowledged  the  justice  of  his  fate,  declaring  that  ho 
could  die  without  resentment  toward  an}'  one.  At 
the  expiration  of  two  hours  the  prisoner  was  brought 
out,  bound.  He  was  a  man  five  feet  nine  inches  iu 
height,  well  proportioned,  about  thirty-one  ^-ears  of 
age;  his  hair  was  brown;  lie  wore  a  mustache  and 


lit; 


EXIT  JA:HES  STUART. 

whiskers;  his  forehead  was  broad  and  his  face  had  an 
intellectual  cast;  he  had  on  aquiline  nose,  compressed 
mouth,  and  slightly  proj  jcting  chin.  At  the  time  of 
his  execution  he  was  neatly  dressed  in  a  dark  jacket, 
white  shirt,  brown  pants,  and  patent-leather  boots. 
During  the  time  while  the  doomed  man  was  closeted 
with  thu  clergyman  his  four  hundred  judges  sat  in 
the  committee  room  like  statues,  solemn  and  silent. 
Scarcely  a  word  was  spoken,  and  the  gravity  of  un- 
pleasing  but  inexorable  necessity  was  depicted  on 
every  counten mce.  One  of  their  number  went  out 
and  addressed  the  people  before  the  door,  telling  them 
that  guilt  of  the  deepest  dye  had  been  proven  with- 
out a  doubt,  that  this  proof  was  backed  by  the  pris- 
oner's confession,  and  that  the  sentence  of  immediate 
death  ^Tid  been  pronounced.  The  speaker  then  asked 
if  the  proceedings  met  their  approval.  ^  ffirmation 
was  promptly  spoken,  with  but  three  dissenting  voices. 
About  half-past  two  the  Committee  emerged  from 
their  rooms  with  the  prisoner,  bound  and  supported 
by  two  members.  Arm-in-arm,  eight  abreast,  witli 
weapons  read}',  they  marched  in  platoons,  with  slow 
and  measured  tread,  along  Battery  street  to  Market- 
street  wharf,  where  stood  a  derrick  ready  for  their 
purpose.  When  thu  front  of  the  coiumn  reached  the 
wharf  it  opened,  parted  to  each  side,  and  the  two 
hundred  body-guard  passed  between  the  two  lines, 
which  immediately  closed  in  the  rear  and  locked  arms, 
forming  an  impenetrable  barrier  between  those  per- 
forming the  ceremony  and  the  people,  who  were  thus 
prevented  from  3rowding  the  wharf  The  bravado 
of  the  man  now  left  him.  Many  times  he  had  re- 
garded the  approach  of  death,  but  never  had  the  grim 
monster  stared  him  in  the  face  as  now.  For  a  moment, 
as  he  looked  at  the  gallows  prepared  for  him,  and  as 
he  felt  the  solemn  hush  pervading  the  assemblage,  his 
.strong  frame  shook  like  a  leaf;  but  ir^ mediately  re- 
covering, he  thenceforth  ac([uitted  himself  manfully. 
At  his  own  request  he  was  not  blindfolded;  reiter- 


SOLEMN  SCENE 


207 


grrim 
)ment, 
land  as 
[ge,  his 
3ly  re- 
Infully. 
1  reiter- 


ating a  few  words  of  penitence,  and  acknowledging 
the  justice  of  his  sentence,  he  closed  his  eyes.  One 
end  of  the  rope  was  quickly  adjusted  round  his  neck, 
the  other  thrown  over  the  derrick  and  seized  by 
twenty  hands,  which  quickly  jerked  the  criminal  in 
air,  where  he  was  suspended  for  half  an  hour,  until 
long  after  life  was  extinct.  Throughout  the  entire 
proceeding  the  most  perfect  order  prevailed,  no  re- 
sistance being  offered  by  any  one.  The  solemn  still- 
ness of  the  people,  as  they  stood  with  uncovered 
heads,  attested  the  grave  importance  attached  to  the 
execution,  indicating  no  feeling  of  revenge,  but  the 
consummation  of  simple  justice.  In  the  harbor  flags 
on  the  vessels  had  been  hoisted  and  cannon  fired. 

As  I  have  before  remarked,  there  was  no  military 
organization  in  the  Committee  of  1851,  as  there  was 
in  that  of  185G,  but  a  police  system  only.  At  the  time 
of  Stuart's  execution  the  general  committee  resolved 
itself  into  an  inpromptu  military  association,  con- 
sisting of  companies  or  squads  under  their  respective 
captains,  in  all  about  three  hundred  and  eight}'  men. 
Thomas  J.  L.  Smiley,  a  tall,  straight,  fine -looking 
man,  no  less  able  in  counsel  than  efficient  in  action, 
commanded  one  company,  with  his  business  partner, 
John  Middleton,  acting  as  lieutenant.  While  Stuart 
was  hanging,  and  before  life  was  wholly  extinct, 
(jrallaghcr,  the  coroner,  came  in  hot  haste,  elbowing 
his  wa}'  through  the  crowd  mitil,  reaching  Smiloy's 
locked  line,  he  paused,  and  throwing  into  attitude  and 
speech  the  half  of  Ireland's  dignity,  he  cried : 

"I  demand  permission  to  pass!" 

"Who  are  you?"  asked  Middleton. 

"You  know  well  enough  who  I  am,"  said  the 
corpse-tender;  "  I'm  the  coroner." 

"  The  devil  you  are!"  replied  Middleton.  "Well, 
^Ir  Coroner,  you  don't  pass  this  line  until  that  fellow 
is  a  fit  subject  for  your  administration." 

As  we  have  seen,  all  these  proceedings  were  char- 
acterized by  sobriety  and  solemnity.    Yet  peculiar  to 


m 


EXIT  JAMES  STUAET. 


the  people  and  to  the  time  was  that  spirit  of  manu- 
mission from  ancient  superstitions,  so  inseparable  from 
their  acts,  that  while  engaged  in  the  most  serious 
affairs  they  could  not  behave  otherwise  than  in  their 
natural  manner. 

I  have  said  that  James  Stuart  was  a  great  scoun- 
drel— a  mean  scoundrel.  Yet  the  more  I  investigate 
his  character  the  more  I  am  astonished  at  his  cool- 
ness, courage,  and  ability.  Had  the  stream  of  hio  life 
been  directed  into  honest  channels  he  would  have 
been  no  less  prominent  for  good  than  he  was  now  for 
evil.  If  in  the  eighteen  months'  work,  the  account 
of  which  he  recited  with  such  vivid  exactness,  the 
same  energy  and  talent  had  been  displayed  in  some 
honest  direction,  as  is  always  true  in  the  economy  of 
crime,  the  results  would  have  been  no  less  beneficial 
to  himself  and  to  society  than  his  actual  course  was 
detrimental.  When  one  lays  aside  all  hope  of  life, 
and  walks  the  street  as  already  a  dead  man,  there  is 
apt  to  be  very  little  acted  for  effect;  or  if  so,  then 
doing  for  effect  is  surely  a  dominant  quality  of  such 
a  one.  Now  when  Stuart  knew  his  time  had  come, 
villain  as  he  was,  I  can  but  admire  his  conduct;  for 
prominent  in  all  his  bearing  were  displayed  in  a  re- 
markable degree  admirable  qualities  which  many  an 
honest  and  good  man  lacks.  He  was  not  defiant,  like 
Jenkins,  but  modest.  Marching  to  execution  with 
head  erect,  firm  step,  and  graceful  carriage,  he  looked 
less  the  villain  then  than  at  any  time  before.  Nor 
was  his  coolness  indicative  of  audacity  or  indifference. 
It  was  simply  the  display  of  a  natural  philosophic 
strength  of  mind,  exercised  unconsciously,  or  nearly 
so.  Yet  he  was  an  audacious  villain,  and  every  inch 
a  villain. 


CHAPTER  XX. 


A  BUSY  MONTH. 


The  next  in  place  and  punishment  were  they 
Who  prodigally  threw  tueir  souk  away. 

Dri/den. 

The  work  went  bravely  on.  Throughout  the  land 
it  was  deemed  the  proper  thing  to  do.  Men  knew 
that  nothing  would  cure  the  evil  but  hanging.  Tin.' 
wicked  ones  were  so  active,  so  cunning;  like  Antceos, 
as  long  as  their  feet  touched  firm  earth  no  Hercules 
could  crush  them.  July,  1851,  saw  town  and  country 
all  astir.  Not  of  that  outward  noisy  form,  visibk; 
to  the  eye  of  the  uninitiated,  was  the  traffic  of  the 
tribunal;  but  whosoever  with  spiritual  vision  might 
penetrate  the  calm  surface,  or,  better  still,  in  bodily 
form  step  behind  the  already  blood-begrimed  curtain, 
would  soon  hear  the  clatter  of  the  morality-mill,  and 
witness  the  various  processes  of  cleansing  there  applied 
to  soiled  souls. 

This  was  the  busiest  month  in  the  annals  of  the 
first  Committee.  The  mass  of  accumulated  material, 
most  of  it  of  a  secondary  character  lacking  special 
interest  to  the  general  reader,  is  overwhelming.  What 
a  revelation  was  that  of  James  Stuart  1  and  what  a 
world  of  work  it  made!  Meetings  were  held  daily, 
sometimes  twice  a  day,  and  correspondence  was  opened 
with  rogue -exterminators  and  country  committees 
from  Britisli  Columbia  to  Mexico. 

Hundreds  of  descriptions  of  suspected  persons  were 
sent  from  one  committee  to  another — instance  the 

[299] 


300 


A  BUSY  MONTH. 


following,  given  by  the  Marysville  Committee  to  the 
Sail  Francisco  Committee: 

"Charles  A.  Pitcher  of  Belfast,  Maine,  was  whipped  at  ToUe's  old  dry 
diggings,  above  Marysville,  about  the  25th  of  June,  for  stealing  six  hundred 
dollars  out  of  a  miner's  tent.  Previous  to  the  theft  ho  had  passed  undur  thu 
name  of  Silas  Pacard.  He  is  over  six  feet  in  height,  broad-shouldered  nnd 
full  flesh,  but  not  over  fleshy.  Will  weigh  a  hundred  and  eighty-five  to  one 
hundred  and  ninety  pounds;  dark  hair,  cut  short,  and  rather  brown  complex- 
ion ;  black  eyes,  and  heavy  black  eyo-brows»  He  walks  with  a  long,  stately 
step.  Ho  is  about  thirty  years  of  age.  Wore  about  the  1st  of  July  a  caudet 
coat  of  black,  skirts  rounded  like  a  quaker's,  black  pants,  and  a  low  dralt 
brush  hat,  with  black  band.  Ho  had  a  partner  named  Miller — a  very  respect- 
able man — in  the  grocery  business  on  Front  street,  Sacramento.  His  partner 
quit  business  on  suspicion  of  Pitcher's  dishonesty.  He  has  a  brother-in-law 
named  Miller,  of  the  firm  of  Pierce  and  Miller,  in  Sacramento  City,  J  street, 
between  Seventh  and  Eighth,  who  is  a  very  honorable  and  respectable 
merchant. " 


)V 


Criminals  were  caught  and  witnesses  examined 
the  score,  involving  the  taking  and  writing  of  great 
masses  of  evidence,  which  might  or  might  not  prove 
relevant.  Then  there  was  the  sea  to  scour  as  well  as 
the  land;  on  the  arrival  of  every  vessel  from  Au- 
.stralia  the  passengers  and  crew  were  overhauled  for 
disreputable  characters;  also  passage  to  be  secured, 
and  paid,  for  the  exiled.  There  was  the  hanging  of  one 
and  the  getting  ready  of  others  to  be  hanged.  Thor(^ 
were  the  new  quarters  to  make  tenantable,  rooms  and 
cells  to  arrange,  and  the  accommodations  of  con- 
stantly increasing  numbers  and  requirements  to  be 
provided  for. 

The  organization  had  likewise  to  be  remodelled. 
Hastily  arising  from  immediate  necessity,  adapted  to 
.simple  duties  rather  than  to  complex  and  permanent 
affairs,  there  was  much  to  be  considered  and  olianffofl. 
Besides  the  outlaws  there  were  the  lawyers,  and  law 
officers,  and  prisons  to  look  after.  Suits  were  brought 
which  must  be  defended,  and  writs  of  habeas  corpvs 
there  were  to  be  dodged. 

In  the  archives  of  the  Committee  before  me  arc 
abstracts  of  the   character   of   multitudes    of  those 


CIIARACTFRS  DESCRIBED. 


aoi 


then  arriving  here,  of  which  the  following  are  speci- 
mens : 

James  Ogle,  Irishman;  left  home  in  1840  in  the 
emigrant  ship  Chamjnon  for  Sydney.  Occupation  a 
laborer;  kept  a  tavern  in  Sydney;  thinks  there  aro 
no  convicts  on  board  this  ship;  has  a  wife  and  child 
on  board;  knows  a  Mr  Eggleston  in  this  city. 

Thomas  D.  Snodgrass,  a  Scotchman;  left  Liverpool 
as  passenger  in  ship  George  Canning  in  1828;  kept  a 
sheep  farm  in  New  South  Wales;  has  a  cousin  here 
named  Benjamin  Sullivan. 

William  Luch,  an  American,  born  in  Connecticut; 
on  ship's  articles;  has  been  on  board  about  five 
months;  went  to  Sydney  as  steward  in  ship  Christoval, 
a  whaler,  from  Nantucket;  ran  away  from  ship ;  never 
knew  any  of  the  passengers  until  he  came  on  board. 

David  Rose,  Englishman ;  left  Liverpool  for  Auck- 
land in  convict  ship  carrying  prisoners;  remained  in 
New  Zealand  two  years;  came  to  California  in  ship 
Johnson,  arriving  in  March,  1850,  with  two  hundred 
passengers. 

Helen  Casey,  Irish,  single  woman ;  arrived  in  Syd- 
ney in  1820  in  emigrant  ship  Premier;  was  waitress 
in  an  asylum  at  Sydney  where  she  left  her  father;  has 
a  sister  on  board. 

William  Butt  was  taken  before  the  Committee  and 
testified:  "I  was  born  in  Southampton;  left  from  the 
Isle  of  Wight  by  the  convict  ship  Lord  Eldon,  which 
took  two  hundred  and  forty-five  convicts  from  Ports- 
mouth ;  I  engaged  with  Captain  McCarthy  as  servant; 
u  person  named  Bolton  who  resides  here  knows  me ; 
I  have  never  been  a  convict."  He  was  discharged 
from  custody. 

Mary  Ann  Banks,  an  Englishwoman ;  loft  England 
eleven  years  since  in  ship  Sir  Edward  Paget  for  Syd- 
ney.   No  certificate. 

Lists  descriptive  of  suspected  persons  were  carried 
in  the  pockets  of  the  vigilant  police,  of  which  I  give 
two  specimens: 


302 


A  BUSY  MONTH. 


Russell,  alias  *  Moo  the  Jew,'  aged  fortj ;  height 
five  feet  seven;  black  hair,  swarthy  complexion,  dark 
beard,  eyes  dark-brown;  mouth  broad,  and  upper  lip 
straight;  scar  on  right  side  of  the  chin;  noso  straight, 
eyes  sunken;  not  like  a  Jew;  very  smooth  and  plausible 
in  his  address;  gives  to  his  eyes  a  peculiar  expression; 
married,  one  boy  two  years  old;  round-shouldered, 
but  strongly  built;  chin  round.  Can  be  found  in  a 
house  on  Sansomc  street,  near  Pacific. 

Ben  Sellers,  aged  forty-one;  five  feet  eleven  or  six 
feet ;  high  cheek-bones,  frcclded,  pitted  by  small-pox ; 
sunken  gray  eyes,  brown  hair,  no  wliiskers;  strong 
and  squarely  built;  active  man;  mouth  very  wide: 
married,  no  children. 

On  board  the  American  ship  Adirondack,  arriving 
from  Hobart  Town  in  July,  1851,  with  two  hundred 
and  fifty  passengers,  one  hundred  of  whom  were 
women,  were  found  two  who  were  not  permitted  to 
land. 

Herewith  I  give  a  copy  of  a  bill  of  lading  in  the 
shipment  of  an  exile : 

"July  17,  1851. 

"Know  all  Men  hy  these  Presents,  That  I,  P.  Jaa.  0.  C.  Wliite,  captain 
of  the  brig  Cameo,  bound  for  the  port  of  Sydney,  New  South  Wales,  am  held 
and  firmly  bound  imto  the  commonwealth  of  Upper  California,  United  States 
of  America,  in  the  siun  of  two  thousand  dollars,  upon  this  condition :  That 
I  will  deliver  the  body  of  one  Alexander  Wright,  a  convict,  who  has  this  day 
been  put  on  board  of  my  brig  by  the  citizens  of  San  Francisco,  luid  for  whom 
the  Vigilance  Committee  have  paid  me  the  sum  of  one  Imndred  dollars  for  the 
passage  of  said  Alexander  Wright  to  the  aforesaid  port  of  Sydney,  dangers 
of  the  sea  only  excepted ;  and  that  I  will  present  him  to  the  authorities  there, 
and  not  return  him  a/^aiu  to  California,  nor  land  him  during  this  voyage  at  any 
intermediate  poit. 

"Witness  my  hs'^l   this  17th  day  of  July,  1851. 

"P.J.  O.  C.  White. 

"  In  presence  of  A.  Oaksmithe  and  Robt.  S.  Lammot." 

Here  is  the  "  Report  of  537,  V.  C": 

"A  man  named  McCurdy,  who  came  passenger  in  the  British  bark  Prin- 
cess Royal,  from  London,  haa  now  in  the  United  States  Appraiser's  Office  800 
pounds  of  apparatus  and  false  dies  for  counterfeiting  the  diOerent  silver  and 
gold  coins  of  the  United  States.    This  man  is  accompanied  by  a  man  named 


COMMITTEE  RESOLUTION. 


808 


Walker.  The  dies,  etc.,  will  be  shown  to  any  of  the  Cominittoe  who  may  Ijo 
pleased  to  call  upon  the  oiBccra  of  customs  at  the  appraiser's  store,  California 
■treet;  and  they  will  also  give  a  description  of  Mr  McCurdy." 

Mr  Payraii  seuds  in  the  following  communicatioi; 
the  7th  of  July : 

"  From  information  received  from  a  reliable  source  I  would  present  Yorba 
Bueua  Island  as  being  infested  with  a  gang  of  thieves,  and  perliapa  worse.  It 
appears  tliat  the  cutter  Polk  lay  to  the  Icuward  of  the  island  yesterday,  and 
while  tlierc  distinctly  diiw  several  men  leave  the  beach  for  an  instant  and  rr- 
turn  again,  anned  apparently  with  rifles,  seemingly,  to  all  on  Iward  tlio  PolL, 
to  prevent  tlie  landing  of  any  persons  from  her.  They  also  saw  them  packing 
boxes  and  bales  in  great  quantity.  The  jwrty  on  board  tlio  Polk  imagined 
that  the  gang  on  shore  took  tiiem  for  tlio  Vigilance  Connnittee.  One  gentle- 
man informed  mu  that  ho  has  no  doubt  of  tiic  fact  that  the  island  is  the  vc- 
ceptaclo  of  n,  largo  amount  of  stolen  property,  aa  well  as  the  habitation  of  several 
felons.  I  therefore  respectfully  and  earnestly  call  the?  attention  of  the  ex- 
ecutive committee  to  the  subject,  antl  proiX)SO  the  following  motion:  Tliat 
tlio  oiScor  in  command  of  the  Pulk  on  Sunday,  the  Gth,  bo  respectfully  re- 
quested to  come  before  our  body  and  relate  particulars  touching  the  inattct, 
as  well  as  inquire  of  him  as  to  the  gentlemen  on  the  Polk  who  witnessed  the 
scene." 

The  following,  from  the  proceedings  of  a  July 
meeting,  sufficiently  demonstrates  the  sentiment  of 
the  association  at  this  time: 

"Whereas,  Seeming  quiet,  peace,  and  safety  have  attended  our  career  of 
vigilance  up  to  this  period,  and  the  dreaded  evils  to  be  apprehended  from 
sudden  outbreaks  of  the  peoplo  have  fallen  short  of  the  expectation  of  tlio»e 
who  were  opposed  to  such  measures;  and  whereas.  The  Committee  of  Vigil- 
ance of  this  city  has  been  the  foster-father  of  all  sucli  institutions  throughout 
the  state,  whereby  safety  has  been  guaranteed  to  our  brethren,  and  hundreds 
of  the  evil-minded  who  were  in  our  midst  have  tied,  whereby  much  danger 
will  bo  avoided,  it  now  becomes  us  to  so  arrange  the  baaia  of  our  associatiou 
that  its  labors  may  be  lessened  and  our  usefulness  continued,  and  tlio  future 
present  a  bright  scene  compared  with  the  past.  Therefore  we  would  suggest 
in  its  present  form  and  in  the  following  order:  That  the  executive  committee 
continue  to  discharge  their  duties  by  meeting  at  a  room  to  be  selected,  and 
there  receive  all  reports  that  may  be  ofi'ered ;  aad  should  any  case  occur  of 
suliicient  importance  to  call  the  general  committee  together,  to  then  call  them 
by  notice  to  be  given  through  the  public  papers  or  tap  of  the  bell ;  and  in  con- 
junction with  other  associations  throughout  the  state,  to  hold  all  public  matters 
under  consideration,  and  report  thereon ;  to  hold  the  acts  of  all  our  representa- 
tives subject  to  our  examination,  so  that  thereby  some  assurance  may  bo  had  of 
their  faithfully  discharging  their  duties.  We  would  also  suggest  the  ^uo- 
priety  of  receiving  all  good  citizens  as  members,  who  shall  at  their  initiation 


304 


A  BUSY  MONTH. 


pay  five  dollars,  with  such  monthly  stipend  oa  may  be  fixed  upon ;  that  there 
shall  be  a  stated  meeting  of  the  general  committee,  not  oftener  than  once  a 
month,  except  in  cases  of  necessity ;  that  this  association  shall  not  lose  its 
identity,  but  exist  in  all  its  properties,  liable  to  be  called  into  action  whenever 
necessity  may  require ,  therefore, 

"  BcmIvcJ,  Thai  the  Committee  of  Vigilance  shall  sti'l  continue  under  its 
present  organization ;  that  the  present  order  of  business  shall  continue,  and 
no  meeting;  shall  be  called  of  the  general  committee  except  on  urgent  busi- 
ness to  be  determined  by  the  executive.  That  the  said  executive  or  a  quorum 
of  five  meet  every  evening,  at  the  place  to  be  designated,  and  there  receive 
reports  and  attend  to  such  matters  as  may  como  before  them.  That  the  ser- 
vices of  a  sergcant-at-arms  under  salary  be  dispensed  with ;  that  the  duty  be 
placed  on  one  of  the  Committee,  who  may  retain  the  man  George,  or  some 
other  person  in  our  employ,  to  take  care  of  the  room  and  attend  the  door. 
That  tlie  proceedings  of  the  present  Committee  sliall  bo  engrossed,  and  taken 
charge  of  by  them  for  such  future  action  as  may  be  taken.  That  the  qualifi- 
cation committee  shall  bo  merged  in  the  executive  committee,  and  that  no 
new  member  shall  be  sidmitted  except  through  and  by  the  executive  com- 
mittee under  such  rules  and  regulations  as  they  may  hereafter  adopt.  That 
there  shall  be  a  finance  committee,  whose  business  it  shall  bo  to  take  or  re- 
ceive all  moneys,  and  make  disbursements  on  orders  from  the  executive,  signed 
by  a  quorum.  Also,  that  the  executive  committee  shall  have  power  to  dis- 
po.se  of  all  surplus  property,  the  proceeds  of  the  same  to  be  paid  over  to  the 
treasury,  and  to  fill  any  vacancies  that  may  occur  in  their  midat  from  the 
general  committee." 

On  another  occasion  it  was  resolved, 

"That  the  deliberations  of  this  body  should  be  marked  with  dignity  and 
solenmity,  commensurate  with  the  nature  of  the  subject  before-  them.  That 
all  loud  demonstrations  of  approval  or  disapproval  are  undignified  and  in- 
compatible with  the  true  spirit  of  deliberation,  and  arc  hereby  declared  out 
of  order  in  this  Committee  That  any  person  offering  an  indecorous  remark 
to  a  speaker  engaging  t*  attention  of  this  Committee  shall  be  forthwith 
expelled  from  the  room. " 

It  was  also  resolved, 

"That  when  a  prisoner  was  delivered  over  to  the  charge  of  the  chief  of 
police  of  this  association  such  prisoner  should  be  considered  the  property 
of  this  Committee,  and  should  not  be  released  unless  by  the  action  of  the 
executive  committee  or  by  a  vote  of  the  general  body." 

The  black  sheep  of  the  fold  were  soon  detected, 
summarily  dismissed,  and  narrowly  watched.  The 
following,  from  the  minutes  of  July  5th,  shows  the 
shape  in  which  complaints  against  members  some- 
times came  up: 

"  Received  communication  of  William  C.  Graham,  No.  152,  being  a  com- 
plaint against  W.  F.  McLean,  No.  .530,  he  not  being  cousidercd  a  fit  member 


THE  COUNTY  JAIL. 


805 


liliief  of 
operty 
of  the 


icted, 

The 

the 

kome- 


;  a  com- 
[jember 


of  the  Vigilance  Committee.  No.  152  states  that  this  morning,  about  two 
o'clock,  found  No.  539  standing  at  the  door  conversing  with  two  policemen, 
and  heard  him  say  that  it  was  a  damned  infernal  shame,  the  action  of  the 
Vigilance  Committee  in  the  cose  of  Goff;  it  was  a  damned  imposition,  luid  ono 
he  would  not  submit  to;  and  further  stated  that  McLean  said  the  day  they  go 
to  put  their  decision  into  execution  that  he  would  have  the  boys  about  and 
release  him." 

Among  the  other  excuses  of  delinquent  justice,  and 
by  no  means  one  of  the  least  reasonable,  was  that  of 
inadequate  prison  facilities. 

Watkins,  a  genteel  young  man,  sentenced  by  the 
court  of  sessions  to  ten  years'  imprisonment  for  bur- 
glary, openly  boasted  before  Sheriff  Hays  that  no 
prison  in  California  could  hold  him.  His  friend  and 
confederate.  Brier,  also  thought  his  own  confinement 
would  not  be  long  or  severe.  These  dashing  pro- 
fessionals took  a  philosophic  view  of  chance,  skill,  and 
result;  if  foiled  in  wise  attempt,  or  if  captured  when 
nothing  more  was  undertaken  than  a  fair  business 
risk,  they  submitted  to  imprisonment  with  character- 
istic good  humor.  Hanging  more  seriously  inter- 
rupted their  occupation,  and  hence  should  be  avoided. 

In  the  earlier  epoch  of  city  government  a  large 
appropriation  had  been  made  with  which  to  build  a 
jail;  but,  as  was  usual  in  such  cases,  it  had  all  been 
filched  by  official  fingerings  before  it  could  accomplish 
its  purpose.  A  committee  was  appointed  to  investigate 
these  frauds,  but  they  had  been  sufficiently  well  man- 
aged to  escape  such  dm  ection  as  should  fasten  the  guilt 
in  any  responsible  qua .  cer. 

The  necessity  of  securing  felons  when  caught  was 
daily  felt  more  and  more.  In  May  and  June  the 
(3scape  of  prisoners  was  so  frequent  that  the  sheriff 
was  obliged  to  brinjj:  all  his  lodjjers  at  night  into  the 
main  room  of  the  building,  and  station  policemen  at 
different  points  to  watch  them.  Under  this  arraiigo- 
m'" .  in  many  instances,  a  little  money,  or  a  bottle  or 
two  of  brandy,  was  the  price  of  liberty. 

On  the  30th  of  June  a  large  number  of  the  Com- 
mittee, by  invitation  of  the  sheriff,  visited  the  county 

Pop.  Tmd.,  Vol.  I.    20 


306 


A  BUSY  MONTH. 


jail,  then  in  course  of  erection  and  partially  occupied. 
The  Committee  expressed  themselves  as  pleased  with 
the  general  aspect  of  the  place,  and  admitted  the 
urgent  necessity  of  the  speedy  completion  of  the  build- 
ing. But  the  city,  already  bled  to  dryness,  could  not 
do  more.  Money  there  was  none,  and  promises  the 
builders  had  no  faith  in.  Fifteen  thousand  dollars 
were  needed  at  once,  and  if  this  was  raised  the  citizens 
would  have  to  do  it.  The  Committee  at  this  time 
numbered  five  hundred  active  members;  the  requisite 
amount  divided  among  them  would  leave  to  each  thirty 
dollars  to  pay.  Or  to  achieve  a  quick  practical  result, 
the  fifty  members  of  the  executive,  each  assuming  three 
hundred  dollars,  could  settle  the  matter  in  an  instanl. 
At  the  meeting  of  the  5th  of  July  it  was  resolved, 

"That  aa  the  amount  wanted  by  the  sherifiT to  complete  the  gaol  could  be 
made  up  by  each  of  our  members  obtaining  ten  subscribers  at  three  dollars 
each,  a  committee  of  the  whole  take  up  subscriptions  for  carrying  out  thin 
object." 

Thus  the  much  needed  and  long  delayed  work  was 
quickly,  easily,  and  cheaply  done.  If  all  the  affairs  of 
government  to-day  were  taken  from  the  great  un- 
washed, the  illiterate,  the  dishonest,  the  irresponsible, 
from  selfish  scheming  professionals,  and  placed  in  the 
hands  of  the  few  most  interested  in  the  true  welfare  of 
the  country,  the  matter  of  our  governing,  federal,  state, 
and  municipal,  would  not  cost  one  fifth  its  present 
assessing. 

Forms  printed  in  the  following  words  were  circu- 
lated for  subscriptions: 

"  PROPOSED  PLAN  FOB  COMPLETING  THE  OOPNTT  JAIL. 

"We,  the  subscribers,  citizens  of  San  Francisco,  hereby  agree  to  pay  to 
the  Committee  of  Vigilance,  of  said  city,  the  sum  of  three  dollars  each,  to 
be  appropriated  by  said  Committee,  and  disbursed  under  their  direct  super- 
vision, for  the  purpose  of  completing  the  county  jail." 

The  money  was  paid  over  as  the  work  progressed, 
the  last  of  it  not  being  required  until  September,  as 
the  accompanying  order  shows : 


m 


PiUJ-SIMILE  OP  A  MONEY  ORDER. 


307 


308 


A  BUSY  MONTH 


Mi 

llll 

ill 


Early  in  July  was  brought  the  first  of  those  an- 
noying lawsuits  against  members  of  the  Vigilance 
Committee  of  which  there  were  so  many  during  the 
year  succeeding  the  great  work  of  1856.  This  suit 
was  entitled  Metcalf  versus  Argenti,  Atkinson  et  al., 
and  was  brought  in  the  superior  court  of  San  Fran- 
cisco, Justice  Smith  presiding.  It  appears  that  one 
Peter  Metcalf,  a  carman,  agreed  for  the  sum  of  fifty 
dollars  to  take  charge  of  four  loads  of  furniture  and 
wearing  apparel  during  the  great  fire  of  the  22d  of 
June.  When  called  on  to  return  the  property  he 
producvjc  "  ee  loads,  excusing  himself  from  not  re- 
turning ti  fourth  on  the  ground  of  confusion  and 
loss  during  the  exciting  scene.  Suspicion  was  aroused 
no  less  by  the  man's  contradictory  statements  than 
by  the  fact  that  out  among  the  sand-hills  was  found 
a  richly  furnished  house,  containing  some  twelve  or 
fifteen  trunks  filled  with  new  and  valuable  wearing 
apparel,  fire-arms,  and  other  property,  unquestionably 
stolen  during  the  fire. 

The  Committee  of  Vigilance,  on  being  informed  of 
the  facts,  set  themselves  at  work  to  find  the  guilty 
persons,  and  in  accordance  with  their  custom  they 
took  the  path  that  seemed  befoi :  them  straightest  to 
the  mark,  and  that  without  consulting  custom  or 
asking  permission  of  the  law.  Suspecting  Metcalf, 
they  entered  and  searched  his  house.  For  this  the 
carman  demanded  before  the  court  twenty  thousand 
dollars. 

Owing  to  certain  delays  the  trial  was  not  begun 
until  the  16th  of  August,  and  it  ended  the  23d.  At 
a  mooting  of  the  Committee,  held  the  5th  of  July,  n 
resolution  was  passed  as  follows : 

"That  a  committee  of  three  be  appointed  to  wait  ou  Mr  Metcalf,  and  on 
Messrs  Lockwood,  Tilford,  and  Randolpli,  acting  as  counsel  for  the  prosecution 
in  the  caae  of  Metcalf  versus  Argenti,  Atkinson,  anc'  others;  and  they  are 
hereby  directed  to  request  those  gentlemen  to  withdraw  the  suit  and  all 
further  proceedings  in  the  matter." 

At  the  same  time  was  adopted  the  following  pre- 


THE  TRIBUNAL  ARRAIGNED.  809 

amble  and  resolution,  which  appeared  in  the  public 
prints : 

"  It  having  become  necessary  to  the  peace  and  quiet  of  this  community 
that  all  criminals  and  abettors  in  crime  should  be  driven  from  among  us,  no 
good  citizen,  having  the  welfare  of  San  Francisco  at  heart,  will  deny  the 
Committee  of  Vigilance  such  information  as  will  enable  them  to  carry  out  the 
above  object.  Nor  will  they  interfere  with  said  Committee  when  they  deem 
it  best  to  search  any  premises  for  suspicious  characters  or  stolen  property; 
therefore, 

"Resolved,  That  we,  the  Vigilance  Committee,  do  claim  to  ourselves  the 
right  to  enter  any  person's  or  persons'  premises  where  we  have  good  reason 
to  believe  that  we  shall  find  evidence  to  substantiate  and  carry  out  the  object 
of  this  body ;  and  further,  deeming  ourselves  engaged  in  a  good  and  just  cause, 
we  intend  to  main*^iin  it. 

"By  order  of  Thb  Committke  of  Vigilance. 


"San  Francisco,  July  5, 1851. 


No.  67,  Secretary" 


In  every  large  and  promiscuous  body  of  citizens 
there  are  some  whose  judgments  are  ill-advised  and 
whose  actions  are  too  impetuous.  The  publication  of 
this  resolution  was  certainly  injudicious  on  the  part 
of  the  Committee.  Its  members  would  have  known, 
had  they  carefully  considered  the  matter,  that  no 
good  could  come  of  it,  and  much  evil  might  be  the 
result.  The  suit  was  brought  by  a  poor  carman 
against  members  of  a  powerful  association,  through  a 
prominent  law  firm,  whose  fee,  almost  of  a  certainty, 
was  contingent.  Under  such  circumstances  any  over- 
tures on  the  part  of  the  association  could  not  but  be 
damaging  to  the  defendant.  As  a  matter  of  course 
the  client  would  be  governed  by  his  counsel,  who  if 
they  were  gentlemen  would  give  gentlemanly  answers, 
or  if  blackguards  they  would  reply  accordingly. 

In  this  instance  the  repl}'  of  the  law  firm  to  the 
appeal  of  the  Committee  for  a  dismissal  of  the  suit 
illustrates  more  fully  than  could  any  words  of  mine 
the  character  of  the  men  composing  it.  Says  the 
lawyer  Lockwood  in  the  journals  of  the  day:  "  Sundry 
tools  or  knaves,  perhaps  both,  styling  themselves 
the  Vigilance  Committee,  have  caused  to  be  trans- 
mitted to  the  firm  of  Lockwood,  Tilford,  and  Ran- 


310 


A  BUSY  MONTH. 


dolph,  the  following  resolution  [given  above].  As  a 
member  of  said  firm,  my  only  answer  to  the  aforesaid 
fools  or  knaves,  in  addition  to  the  verbal  response  to 
the  bearers  of  the  resolution,  is,  I  do  defy,  deny, 
spurn,  and  scorn  you." 

The  formal  reply  of  the  firm  displayed  a  spirit  but 
little  more  decent  or  truthful : 


i 

I 

■ 


i 


! 


"San  Fsanoisco,  July  7,  a.d.  1851. 
"Gentiahbn: 

"We  have  received  with  astonishment  a  communication  through  your 
hands,  purporting  to  be  an  extract  from  the  minutes  of  the  proceedings  of  a 
certain  association  styling  itself  the  Vigilance  Committee,  in  which  we  are 
requested  to  withdraw  the  suit  which  we  have  instituted  in  behalf  of  Peter 
Metcalf  versus  F.  Argenti  and  F.  A.  Atkinson. 

"  We  forbear  to  remark  upon  the  folly,  the  presumption,  the  ignorance  of 
your  own  powers  and  of  our  character,  and  the  entire  disregard  of  the  con- 
stitution and  laws,  and  the  rights  of  your  fellow-citizens,  which  that  com- 
munication betokens. 

"  You  will,  for  our  answer,  say  to  those  who  sent  you,  that  we  need  no 
advice,  and  will  submit  to  no  dictation  from  the  Vigilance  Committee,  col- 
lectively or  individually ;  and  that  they  may  rest  fully  assured  that  we  will 
prosecute  the  suit  of  Metcalf  versus  Argenti  and  Atkinson,  and  all  other  suits 
of  a  similar  nature  in  which  we  may  be  employed,  with  the  utmost  of  our 
ability  and  to  the  end  of  the  law. 

"We  remain,  your  obedient  servants, 

"E.  A.  LooKwooD, 

"F.  TiLFOBD, 

"Edmund  Randolph. 
"  To  Messrs  Sharron,  Curtis,  Bromley,  and  Spence,  Committee. " 

The  result  of  this  trial  was  a  failure  of  the  jury 
to  find  a  verdict.  Nine  were  in  favor  of  acquitting 
the  defendants,  and  three  held  out  for  nominal  dam- 
ages. The  case  was  then  taken  to  San  Jos^,  where 
the  jury  found  for  the  plaintiff  in  the  sum  of  two 
hundred  dollars. 

The  speeches  of  the  respective  members  of  this 
law  firm  on  these  two  several  occasions  are  models 
of  verbiage.  Nothing  could  injure  a  cause  more 
effectually  than  such  advocates.  Listen :  "  Men  and 
brethren,  awake  from  your  false  security  1  Heed  not 
those  hireling  and  corrupt  editors,  who  persuade  you 


PROFESSIONAL  RANTING. 


811 


bing 


to  surrender  to  the  patriotic  and  disinterested  Vigil- 
ance Committee  the  custody  of  your  character,  your 
property,  your  Uberty,  and  your  lives.  Heed  not  the 
crocodile  lamentations  and  hyena  bowlings  over  f>etty 
crimes,  of  those  vampires  who  at  midnight  drain  the 
stream  of  life  in  your  midst,  and  at  mid-day  repeat 
their  horrid  orgies  with  triumphant  demonstrations. 
Murder,  murder  ten-fold  more  damnable  than  fel- 
onous  individual  homicide,  stalks  your  streets;  not 
shrouding  its  hideous  aspect  in  murky  darkness;  not 
screening  its  blood-stained  hand  in  secret  lurking 
places;  but  with  brazen  front,  in  the  open  glare  of 
day,  defying  and  trampling  upon  your  constitution 
and  laws,  and  laughing  to  scorn  the  solemn  mandates 
of  your  highest  courts  of  judicature." 

Again:  "What  have  those  mushroom  noblemen, 
those  sweet-scented,  starch-collared,  counter-jumping 
aristocracy,  who  in  one  short  night,  by  the  foul 
purchase  of  a  goodly  quantity  of  dirty  ink  and  print- 
ing materials,  became  suddenly  metamorphosed  from 
cheating  haberdashers  and  close-fisted,  soulless  money 
dealers,  into  an  august  body  of  patriotic  noblemen; 
in  the  name  of  sense,  what  good  have  they  accom- 
plished for  the  community  that  they  thus,  with 
haughty  and  supercilious  air,  challenge  for  them- 
selves the  highest  niche  in  the  pantheon  of  our 
plebeian  affections?" 

On  the  subject  of  domiciliary  visits  in  this  connec- 
tion, the  Herald  of  the  I7th  of  July  makes  the 
following  pertinent  remarks: 

"Domiciliary  visits  constituted  the  bugbear  got  up  as  an  argument 
against  the  Vigilance  Committee,  and  it  was  represented  in  proclamations  and 
charges  to  grand  juries  as  a  tremendous  stretch  of  power  to  seoi'ch  the  crib  of 
a  confederate  of  thieves  for  property  stolon  from  honest  citizens,  a  power  ex- 
ercised in  every  state  in  the  Union,  and  in  every  country  in  the  world  wh' ro 
there  is  a  police,  and  one  which  should  be  exercised  by  the  police  of  this  city 
if  they  properly  discharged  their  duty.  By  the  exercise  of  this  power  we 
remember  that  one  police-officer  recovered  after  a  fire,  about  six  months  ago, 
something  like  twenty  thousand  dollars'  worth  of  property  secreted  in  houses 
on  the  outskirts  of  the  city.    It  is  a  power  which  no  honest  man  need  dread, 


812 


A  BU8Y  MONTH. 


and  which  has  never  been  exercised  by  the  Committee  except  for  the  detection 
of  crime  or  the  recovery  of  stolen  property.  The  stress  laid  on  this  thing  by 
Mr  Campbell  and  Mr  Brenham  is  therefore  very  gratuitous.  They  should  not 
have  permitted  themselves  to  give  expression  to  such  platitudes.  But  the 
present  bugbear  is  constituted  authority.  With  the  voice  of  a  Cassandra  and 
the  tears  of  a  Pecksniff  one  of  our  contemporaries  lugubriously  deplores  the 
calamity  that  must  follow  a  disregard  of  the  sacrodness  of  the  judicial  cliar- 
acter,  to  wit,  a  disregard  of  the  sacredness  of  Parsons.  The  courts  must  not 
be  interfered  with ;  they  must  be  permitted  to  conduct  business  in  the  old 
way,  or  the  consequences  to  the  community  will  be  ruin  and  disaster.  The 
argument,  in  brief,  is :  The  Committee  must  cease  from  the  good  work  they 
have  in  hand,  or  society  will  be  thrown  into  chaos,  and  confusion  and  anarchy 
will  reign  supreme.  The  old  regime  of  the  slnng-shot  and  the  bludgeon  must 
be  restored  in  San  Francisco  in  order  that  officials  may  live.  The  city  must 
be  periodically  fired,  houses  must  be  robbed,  safes  broken  open,  citizens  mur- 
dered in  the  streets,  bribery  and  false  swearing  must  be  encouraged  in  the 
courts  of  law,  and  villainy  of  every  caste  and  character  must  be  permitted  to 
run  riot  in  San  Francisco,  else  there  is  to  be  forsooth  an  upheaving  of  society, 
and  a  prostration  of  all  the  fabrics  of  civilization  and  morality.  The  citizens 
are  called  upon  to  show  their  respect  for  courts  by  sacrificing  their  lives  to  the 
assassin,  and  what  remains  to  them  of  their  property  to  the  incendiary  and 
burglar.  We  need  not  ask  the  Committee  not  to  suffer  themselves  to  be  ca- 
joled into  breaking  up  their  organization.  They  have  no  intention  of  so  doing, 
and  least  of  all,  in  answer  to  such  representations.  The  citizens  do  not  wish 
to  be  again  abandoned  to  the  tender  mercies  of  corrupt  and  treacherous  officials, 
or  to  have  the  city  again  swarming  with  miscreants  of  every  grade.  If  tho 
authorities  feel  hurt  that  the  citizens  take  the  law  into  their  own  hands,  let 
them  resign.  They  know  they  are  thoroughly  and  heartily  condemned  by  the 
people.  They  whine  about  their  power  being  trampled  upon.  We  say  again, 
let  them  resign.  OflSce  in  their  hands  has  brought  forth  no  fruits  but  im- 
punity for  crime.  An  organization  of  criminals  in  our  midst  has  been  nursed 
and  fostered  into  growth  and  vigor  by  the  guilty  connivance  of  men  in  office. 
Ample  space  and  verge  enough  has  been  affoi'ded  the  thieves  to  carry  on  their 
extended  and  systematic  schemes  of  villainy.  That  is  what  law  has  done  for 
us.  Do  the  authorities  imagine  the  people  will  suffer  the  city  to  relapse  into 
this  condition?" 


I 


CHAPTER  XXI 


OPPOSITION  TO  VIGILANCE  ADMINISTRATION'. 

PatriotiBm  is  the  last  refuge  of  a  scoundrel. 

Dr  Johnson, 

I  HOPE  I  shall  not  be  misunderstood,  or  accounted 
loose  or  lawless  in  my  conceptions  of  constitutional 
and  statutory  government,  when  I  uphold,  as  I  am 
constrained  to  do,  the  people  of  California  acting  as 
Committees  of  Vigilance  in  their  several  emergencies. 
Forms  of  government  and  rules  for  the  regulation  of 
judicial  proceedings  are  essential  to  civilized  society. 
Christ's  millennial  reign  has  not  yet  begun  upon  this 
planet.  Until  that  time,  or  until  the  curses  of  law 
and  government  are  no  longer  necessary,  I  hold  them 
in  profound  estimation,  for  they  are  the  savior  of  life 
and  property.  Evils  they  are,  and  given  us  for  our 
sins;  yet  being  necessary  evils,  should  we  not  rather 
call  them  blessings,  and  not  evils  at  all?  So,  indeed, 
we  do  call  them  when  they  are  good ;  when  bad,  they 
are  the  evil  offspring  of  their  grandam  evil. 

I  say  that  I  respect  law  and  government,  lawyers, 
law- makers,  and  governors — when  they  are  respect- 
able. In  law  and  politics  there  may  be,  and  are, 
honest  men;  just  as  in  stocks,  railroads,  banking, 
butchering,  carpentering,  and  white -washing,  there 
may  be,  and  are,  dishonest  operators.  All  the  good 
men  are  neither  crowded  in  nor  crowded  out  of 
any  one  profession  or  occupation.  As  a  rule  the 
judiciary  of  England  and  America  are  as  able  and 
upright  men   as   under  the   present  economy  their 

(313) 


814 


VIGILANCE  ADMINISTRATION  OPPOSED, 


Maker  can  expect  them  to  be.  Among  the  legal 
profession  of  my  acquaintance  there  arc  those,  nnd 
many  of  them,  as  high-minded  and  noble  men  as  ever 
lived;  men  who  would  lose  a  right  hand  before  it 
should  subscribe  a  lie,  or  a  tongue  before  it  should 
counsel  dishonor.  These  men,  lawyers,  judges,  gov- 
ernors, for  their  spotless  purity  of  character,  their 
integrity  and  ability,  I  bow  before.  I  honor  them  for 
themselves,  more  than  for  the  office  they  hold.  Gold 
is  but  gold,  even  though  it  be  made  into  a  calf. 
Furthermore,  I  can  safely  say  that  there  never  have 
existed  on  the  earth  free  governments  better  adapted 
to  their  respective  peoples  than  the  governments  of 
England  and  America.  And  to  these  I  am  over 
ready  to  pay  allegiance,  as  in  duty  bound.  The  good 
man  is  in  duty  bound  to  respect  the  government 
under  which  he  lives,  because  by  and  for  the  righteous 
element  of  the  commonwealth  it  was  established.  The 
virtuous  citizen  will  not  overthrow  the  law,  because 
for  his  protection,  as  against  vice  and  criminality,  and 
at  his  cost,  it  was  and  is  made  and  sustained. 

It  was  not  law  and  government  that  the  vigilance 
men  complained  of,  but  the  lack  of  these.  In  the 
outskirts  of  our  civilization  it  has  ever  been  the  case 
that  the  restraining  influences  of  government  are 
necessarily  weaker  than  in  central  societies,  where 
forms  are  more  settled,  officers  more  watchful,  and 
the  machinery  applied  more  perfect  and  smooth  in 
its  running. 

California  committees  of  vigilance  were  composed, 
for  the  most  part,  of  men  of  good  parentage  and  an- 
tecedents, who  had  not  departed  from  the  faith  of 
their  fathers.  They  were  men  of  conscience.  Respect 
for  their  Maker  and  for  his  ministers,  sacerdotal, 
judicial,  and  legislative,  had  been  early  and  continu- 
ally instilled  into  their  minds,  made  a  part  of  their 
being,  and  was  their  rule  and  watchword  at  the  time 
and  in  the  midst  of  their  most  determined  opposition 
to  crime  as  much  as  at  any  time  before  or  since. 


FORM  AND  SUBSTANCE. 


315 


They  who  opposed  independent  action  in  the  emer- 
gency were  such  as  in  religion,  politics,  and  society 
respected  form  more  than  substance.  They  were 
image -worshippers  whose  idolatry  had  long  since 
ceased  to  carry  them  beyond  the  symbol  of  their  faith. 
They  were  of  the  class  to  whom  in  the  church  purity 
of  belief  and  holiness  of  livinof  were  of  less  moment 
than  time-honored  tenets,  formulated  creeds,  and 
church  ceremonials.  From  childhood,  by  precept  and 
example,  their  minds  had  been  moulded  into  set  forms. 
Form  was  ever  uppermost  in  all  their  thoughts ;  they 
could  see  only  form,  handle  only  form,  and  conceive 
only  form.  Shadow,  not  substance,  was  the  calibre 
of  their  imaginings.  From  the  soul  of  things  tlieii- 
souls  were  forever  barred  by  the  skeletons  of  dead 
maxims.  They  could  not  think  beyond  the  crust  that 
interposed  between  their  minds  and  eternal  realities. 

This,  then,  was  the  diiference;  one  contended  for 
the  supremacy  of  form  while  the  other  saw  only  the 
substance.  One  would  see  perish  the  substance  if 
only  the  form  was  maintained;  the  other  would  sacri- 
fice the  form,  if  need  be,  to  the  reality. 

Between  these  two  parties  was  to  be  fought. the 
battle  for  the  vindication  of  the  right  or  principle  of 
the  movement.  Naturally  enough  ministers  and  bene- 
ficiaries of  the  law  regarded  the  interference  of  lay- 
men with  an  evil  eye.  Though  powerless  themselves 
with  their  rusty  machinery  to  protect  society,  anarchy 
and  annihilation  should  come  rather  than  the  fair  form 
of  their  ancient  idolatry  should  be  desecrated  by  the 
polluting  touch  of  the  uninitiated,  or  the  ermine  of 
the  bench  be  soiled  so  long  as  its  purity  should  be  in 
their  keeping. 

At  this  time  it  was  the  habit  of  those  .vlio  favored 
the  Vigilance  Committee  to  rendezvous  informally  at 
the  Union  Hotel,  while  the  law  and  order  party  held 
their  caucuses  on  the  corners  of  the  street  in  front  of 
some  saloon.  There  they  meditated  upon  the  un- 
happy fate  of  a  people  who  had  not  such  as  they  to 


316 


VIGILANCE  ADMINISTRATION  OPPOSED. 


rule  over  them,  and  speculated  upon  the  proba- 
bilities of  official  profit  and  loss  in  these  degenerate 
days. 

But  so  sudden  and  so  strong  was  the  blow  struck 
by  this  organization  of  popular  will,  and  so  pusillani- 
mous the  law  and  its  officers,  that  at  the  first  there 
was  but  little  opposition  to  the  action  of  the  Com- 
mittee. However  unpleasant  the  pill,  they  took  it; 
howsoever  they  complained  among  themselves,  few  at 
that  time  broke  out  m  loud  opposition.  The  governor 
of  the  state,  the  mayor  of  the  city,  the  sheriff,  police, 
and  most  of  the  lawyers  and  judges,  were  silent  as  to 
the  proceedings  of  the  Committee  of  1851.  Some 
offered  gentle  opposition,  protesting  merely  to  keep 
up  an  appearance ;  others  were  earnest  or  obstinate  in 
the  discharge  of  their  obligations  to  the  law;  but  all 
were  reticent,  all  guarded  well  their  speech. 

Like  Csesar  prostrate  with  disease,  majestic  law 
was  now  most  humble;  it  remonstrated,  but  with 
benignant  mildness ;  it  resisted,  but  so  gen^  as  to 
invite   rather   than   repel   advance — for  w  con- 

sideration the  people  were  devoutly  thankfui. 

There  is  no  special  blame  to  be  attached  to  the 
better  class  of  the  law  and  order  party,  to  those 
who  honestly  believed  that  the  interests  of  the  state 
demanded  implicit  obedience  to  legislative  enact- 
ments, and  that  the  letter  of  the  law  was  paramount 
to  the  spirit  of  the  law.  The  several  classes  of  this 
party  viewed  the  question  from  totally  different  stand- 
points. 

Beorinnintif  at  the  lowest  class :  Criminals  themselves 
regarded  law-courts  with  favor,  because  they  were 
their  shield,  their  protector  from  popular  fury,  their 
father-confessor  and  absolver.  To  the  moneyed  mur- 
derer the  courts  offered  absolute  immunity  from  pun- 
ishment. Not  only  this,  but  trial  was  equivalent  to 
amnesty;  the  jury's  verdict  was  the  general  pardon 
that  consigned  to  oblivion  past  offences.  This  is  no 
random  statement;  the  fact  is  fully  substantiated  by 


DISTORTED  JUSTICE. 


817 


the  criminal  statistics  of  the  time, 
of  July  4th: 


Says  the  Herald 


"  It  is  now  fourteen  inontha  since  the  district  court  went  into  existence. 
And  during  the  period  from  April  20,  18o0,  to  May  23,  1851,  the  whole 
number  of  persons  committed  for  trial  at  that  court  amounted  to  one  hundred 
and  eighty-four.  It  is  a  startling  fact  that  of  this  number  but  nine  remain 
now  in  custody,  paying  the  penalty  of  their  offences.  Seven  have  been  dis- 
charged  by  tlio  grand  jury,  six  have  died,  and  two  have  been  pardoned. 
Besides  these  nine  some  few  others  of  the  one  hundred  and  eighty-four  are 
in  prison  awaiting  trial ;  but  of  the  whole  number,  nine  only  are  in  custody 
under  sentence.  Forty  have  been  mlmitted  to  bail,  and  doubtless  will  never 
again  be  heard  of.  Sixty-one  have  been  acquitted  and  discharged  by  order 
of  the  court,  and  twenty-one  have  escaped  and  have  not  been  retaken. " 

Petty  and  poor  offenders  only  were  punished.  Able 
counsel  was  secured  by  money,  false  witnesses  were 
suborned,  and  judges  and  jailers  made  lenient.  I  do 
not  mean  to  say  that  all  officials,  nor  the  half  of  them, 
were  open  to  bribery.  Tliore  were  some  as  pure 
judges  on  the  bench  then  as  now.  Yet  money,  if  not 
directly,  then  indirectly,  would  buy  acquittal  or  pardon. 
Looseness  and  generality  characterized  law  proceed- 
ings. Money  would  impanel  a  jury  favorable  to  the 
accused;  if  not  at  the  first,  then  the  case  would  be 
postponed  from  time  to  time,  until  characters  suited 
to  the  emergency  of  the  case  could  be  installed  as 
jurors.  All  the  technicalities  of  court  procedure 
were  employed  for  the  acquittal  of  the  accused. 
Criminal  cases  were  held  in  abeyance  until  witnesses 
could  be  spirited  away.  So  that  criminals  and  all 
those  who  lived  by  crime,  either  as  its  defenders  or 
prosecutors,  wore  from  the  very  nature  of  the  case 
opposed  to  any  interference  on  the  part  of  the  people. 

Then  there  were  the  higher  classes  of  various 
grades  who  opposed  the  vigilance  movement  from 
principle.  From  their  youth  they  had  been  imbued 
by  precept  and  example  with  the  importance  of 
forms,  until  the  essence  of  things  had  become  second- 
ary. And  as  well  might  we  look  for  water  to  refrain 
from  seeking  its  level,  as  that  class-bias,  and  party- 


318 


VIGILANCE  ADMINISTRATION  OPPOSED. 


(  : 


bias,  and  the  bias  of  education,  even  in  minds  learned 
and  discriminating,  should  leave  opinion  untram- 
melled. It  is  so  easy  to  think  ourselves  honest  and 
intelligent  in  our  beliefs  where  interest  and  pride  of 
opinion  are  at  stake,  that  we  should  condemn  only 
where  we  are  willing  to  be  condemned. 

In  my  dealings  with  the  law  and  order  party  I 
hope  I  shall  do  them  no  injustice.  That  I  shall  not 
be  influenced  by  feeling  I  am  sure,  for  I  entertain  no 
animosity  toward  them,  or  any  one  of  them.  I  have 
many  friends  and  not  a  single  enemy  in  their  ranks ; 
and  while  I  would  not  willingly  wound  the  feelings 
of  any,  I  deem  it  my  duty,  here  as  everywhere, 
plainl}'^  to  speak  the  truth  as  it  comes  to  me — else  I 
cannot  write. 

Pet  names  were  given  the  opposition  by  the  appre- 
ciative people,  who  in  this  manner  often  come  nearest 
the  true  character  of  a  man  or  measure.  They  were 
playfully  called  *  law  and  disorder  party,'  *  law  and 
murder  party.'  The  law  party  was  indeed  without 
order,  and  the  order  party  without  law ;  one  was  law- 
less, but  loving  order;  the  other  full  of  law,  but  lack- 
ing order.  To  one  of  the  judges  of  the  supreme  court 
was  given  the  sobriquet  *  Mammon,'  and  to  another, 
*  Gammon.' 

Several  cases  of  poisoning  came  up  about  this  time, 
which,  from  their  nature  and  the  inability  of  the 
courts  to  reach  them,  called  forth  the  following  from 
the  editor  of  the  Picayune,  the  1 3th  of  June : 


! 


"  To  know  that  such  a  transaction  occurs  in  the  heart  of  the  city,  and  is 
let  pass  without  examination,  without  investigation  of  any  sort,  is  suflS- 
cient  of  itself  to  drive  an  outraged  and  injured  people  to  the  wildest  acts 
of  desperation.  Numbers  of  persons  condemn  the  action  of  those  who  on 
Tuesday  night  hung  a  wretch,  guilty  of  arson  and  murder  in  one  continent, 
and  of  burglary,  at  least,  in  another.  For  our  own  part  we  regret  that  the 
trial  was  conducted  in  secret,  and  by  persons  who  were  not  delegated  by  the 
people  to  act  as  jurors ;  but  when  either  the  law  is  so  imperfect  or  the  ad- 
ministration of  it  so  lax  as  to  suffer  such  deeds  as  the  two  recorded  above  to 
be  perpetrated,  without  not  merely  punishment,  but  investigation ;  when  it 
is  knoMm  that  within  the  past  twelve  months  fifty-four  murders  have  been 


THE  BRODERICK  CREW. 


319 


committed  in  San  Francisco,  we  cannot  wonder  that  honest  men  should  be 
driven  into  taking  the  law  into  their  own  hands,  into  constituting  themselves 
judges  and  jurors,  and  protecting  themselves,  wlien  the  law  fails  to  do  it,  by 
executing  summarily  persons  detected  in  the  commission  of  crime.  A  great 
outcry  has  been  made  about  the  danger  of  secret  societies  acting  in  the 
manner  in  which  the  Committee  of  Vigilance  did  on  Tuesday  night.  Certain 
timorous  gentlemen  seem  to  fear  that  they  themselves,  though  guiltless  of 
crime,  will  be  suddenly  hurried  oflf  some  dark  night  to  a  lonely  place  in 
Happy  Valley,  and  without  a  chance  to  speak  to  friend  or  family  be  choked 
to  death  by  Mr  Samuel  Brannan.  Certain  legal  gentlemen,  with  an  acute- 
ness  for  which  they  are  remarkable  whenever  their  interests  ai'e  endangered, 
(•ncouraged  this  belief;  and  the  consequences  are  that  a  matter  which  should 
have  been  dropped  at  once  has  been  kept  in  agitation  for  several  days. 
The  good  eflfect  which  the  lynching  might  have  had  on  the  rogues  and 
villains  around  town  will  all  be  dissipated,  and  the  murderer  and  burglar 
will  walk  around  more  daring  than  ever  when  they  know  that  to  the 
sympathies  ot  the  scoundrelly  they  can  unite  the  folly  of  a  large  portion 
of  the  honest  citizens.  For  our  own  part  we  do  not  stand  in  any  very  great 
fear  of  Mr  Brannan ;  we  are  inclined,  too,  to  think  Mr  Ward  quite  a  gentle- 
manly and  quiet  personage ;  Mr  Battelle  we  don't  consider  a  desperado ;  nor, 
in  fact,  in  reading  over  the  names  of  the  Vigilance  Committuo  do  wo  see  one 
man  who  is  quite  as  bad  as  Windred,  Stuart,  or  Adams.  lu  fact  they  are  all 
pretty  decent  fellows.  Neither  do  we  fear  that  this  Committee  is  going  to 
prove  an  inquisition  in  the  city,  nor  its  members  decemvirs.  Such  a  thing 
will  never  be  iittompted  here,  and  if  it  were,  the  gentlemen  composing  the 
Vigilant  Committee  would  be  the  first  indignantly  to  frowTi  it  down.  We 
liave  no  fear  that  an  honest  man  is  going  to  be  hanged  at  midnight  by  them ; 
and  we  confess  the  weakness  of  going  to  sleep  with  a  greater  feeling  of  security 
from  the  knowledge  that  some  of  the  members  may  be  undor  the  window. 
The  secret  society  which  is  dangerous  here  is  not  this  association  of  respect- 
able citizens,  but  the  organized  band  of  Sydney  scoundrels  who  meet  at  the 
foot  of  Telegraph  Hill  and  in  back  alleys  near  Pacific  street.  These  men  wo 
dread ;  and  we  have  some  little  fear,  likewise,  of  those  men  who  make  a  rule 
of  standing  between  justice  and  the  people  on  nearly  every  occasion. " 


There  was  a  strong  opposition  to  the  organization 
of  1851,  of  which  Broderick  and  his  political  retainers 
were  chief;  but  so  secret  and  so  rapid  were  the  move- 
ments of  the  Committee  that  the  men  of  law  and 
order  did  not  know  when  or  where  to  strike.  Had 
it  been  known  how  few  were  actually  engaged  in  the 
execution  of  Jenkins  he  would  probably  have  been 
wrested  from  them  by  the  officers  of  the  law  and  the 
movement  crushed  in  its  incipiency.  Unlike  the 
more   substantial   and   sedate   organization  of  1856, 


320 


VIGILAXCE  ADMDflSTRATION  OPPOSED. 


! 


I 


whose  strength  lay  in  its  moral  anil  intellectual 
solidity,  the  material  composing  the  Connnittee  of 
1851  was  somewhat  mercurial,  though  wily  enough 
to  do  its  work  and  talk  of  the  consequences  after- 
ward. 

David  C.  Broderick  in  the  early  part  of  his  career 
was  a  professional  politician  of  the  New  York  type, 
rough  and  self-reliant;  honest  as  a  rule  in  his  in- 
tentions, but  often  erroneous  in  his  opinions.  Born 
in  Washington  in  IS  10,  lie  was  taken  by  his  father, 
a  stone-cutter,  to  Xew  York  in  1825,  where,  when 
grown,  he  kept  a  drinking-shop,  ran  with  a  fire-engine, 
and  manipulated  primaries.  Arrived  in  California 
in  1849,  without  education,  but  with  marked  ability, 
he  became  a  hard  student  and  let  fly  his  ambition, 
which  carried  him  at  length  to  the  United  States 
senate.  Possessed  of  many  objectionable  qualities, 
he  was  not  without  redeeming  traits.  His  ambition 
Avas  laudable,  his  perseverance  indomitable,  and  his 
habits  exemplary. 

On  the  9th  of  July  a  meeting  was  held  at  the 
house  of  the  Saint  Francis  Hook  and  Ladder  Com- 
pany, with  Broderick,  McHenry,  Bioe,  Randolph, 
and  Duane  as  speakers.  Resolutions  were  submitted 
which  were  to  be  presented  to  the  city  officials  for 
their  signatures,  pledging  the  sigrxers,  so  far  as  lay  in 
their  power,  to  prevent  the  infliction  of  punishment 
without  due  process  of  law,  rallying  to  the  support 
of  the  threatened,  and  defending  him  with  their 
lives. 

At  the  autumn  elections  an  independent  ticket  was 
nominated  by  those  who  regarded  party  distinctions 
in  the  political  contests  of  this  coast  as  obsolete  and 
foreign  to  tlie  interests  of  the  commonwealth.  This 
movement  was  charged  by  their  opponents  upon 
members  of  the  Vigilance  Committee,  who  by  thus 
employing  their  organization  for  the  furtherance  of 
their  power  were  said  to  be  but  fulfilling  their  chiefest 
aim  entertained  from  the  begiiming. 


POLITICS  DECLINED. 


821 


Never  was  a  statement  more  absolutely  foreign  to 
the  fact.  All  the  interests  and  instincts  of  the  class 
composing  the  vigilance  association  were  opposed  to 
meddling  in  politics.  Money  was  what  they  wanted ; 
protection  for  their  property,  and  that  safety  for 
themselves  which  would  enable  them  to  increase  it. 
It  was  a  lack  of  that  which  was  now  charged  upon 
them — interest  in  the  affairs  of  the  government — 
that  had  brought  all  this  trouble  upon  them.  If 
from  the  beffinnino:  the  members  of  the  Vi<xilanco 
Committee  had  done  their  duty  as  citizens,  and  voted 
honest  and  efficient  men  into  office,  there  would  have 
been  no  need  of  their  organizing  a  special  crusade 
against  crime.  As  it  was,  they  utterly  repudiated 
the  act  and  intention  charged.  At  a  meeting  lield 
the  26th  of  August  the  Committee  refused  to  recog- 
nize the  ticket  in  question,  or  any  other  ticket,  and 
resolved  forever  to  abstain  from  any  participation  in 
politics. 

"  Whereas,"  said  they,  "  it  is  with  deep  regret  that 
we  learn  that  a  political  ticket  for  the  coming  county 
election  has  been  put  forth  purporting  to  emanate 
from  certain  members  of  this  association;  and  be- 
lieving it  ruinous  to  the  objects  of  our  formation  for 
us  to  recognize  any  ticket  of  a  political  cliaructer, 
resolved,  that  this  Committee  disavow  all  participa- 
tion in  the  formation  of  the  said  ticket,  and  wish  it 
distinctly  understood  that  they  will  in  no  manner 
lend  it  their  countenance  or  support  as  the  Com- 
mittee of  Vigilance." 

The  18th  of  June  an  inflammatory  handbill  was 
posted  about  the  streets,  calling  an  anti-vigilance  meet- 
ing the  following  Sunday  afternoon.  It  is  remarkable 
neither  for  its  logic,  good  taste,  nor  truthfulness: 

"MASS  MEETING  TO  SUSTAIN  LAW  AND  OIIDKR. 

"  TIio  people  of  the  city  and  county  of  San  Francisco,  republicans  one  and 

Jill,  arc  called  upon  to  choo',e  now,  ere  it  is  too  late,  which  they  will  serve — the 

liuv  and  order  power  of  our  city,  or  the  dictators  and  anarchists  who  have 

lately  disgraced  our  city  by  their  lawless  and  criminal  procecduigs,  and  are 

Pop.  TiiiB.,  Vol.  I.    31 


II 


1^ 


322 


VIGILAKCE  ADMINISTRATION  OPPOSED. 


yet  endeavoring  to  assume  unlimited  and  unlawful  power  in  the  punishment 
of  criminals.  Even  now  they  are  going  from  door  to  door,  from  city  to  city, 
soliciting  desperate  men  to  join  their  secret  Committee,  with  a  view  to  transfer 
the  criminal  jurisdiction  from  our  legally  constituted  tribunals  into  their  owni 
irresponsible  hands,  thus  subverting  all  goveniment,  all  law,  all  justice,  as 
made  and  provided  by  the  United  States  and  our  own  state  constitution. 
Will  ye.  lovnrs  of  law,  and  order,  and  social  compact,  longer  tolerate  such  men 
in  their  creer  of  murder  and  subversion  of  tiic  laws,  among  whom  are  those 
guilty  cf  the  very  crimes  they  j)rofess  to  punish?  Shall  it  be  said  that  our 
police  is  not  of  sufficient  force  to  arrest  these  murderers,  and  our  city  officials 
shall  wink  at  their  outrages,  thus  perjuring  themselves?  Shall  we  tolerate, 
in  this  enlightened  age,  a  Danton,  a  Robespierre,  or  a  FoucIk^,  and  all  the 
paraphernalia  of  a  secret  inquisition  for  the  suppression  of  our  laws  and 
criminal  courts?  Then  to  the  rescue  of  law  and  order  from  the  hands  of  a 
.secret  inquisition,  every  good  citizen,  and  without  further  invitation  turn  out 
en  wnHxe  to  a  public  meeting  to  be  holden  on  the  plaza,  Sunday  next,  June  22d, 
at  three  and  a  half  o'clock,  r.  ir. ,  and  there  join  in  the  general  opposition  to 
the  acts  and  further  operations  of  midnight  murderers ;  and  lot  the  civilized 
world  know  that  we  can  and  will  support  law  and  order,  and  that  our  social 
compact  shall  be  as  much  observed  by  the  wealthy  criminal,  public  robber, 
and  law  subverters,  as  by  the  lowly  thief. 

"Many  Citizens." 

It  is  said  that  tlie  mayor  interposed  his  influence 
to  suppress  this  movement,  on  the  ground  that  no 
benefit  would  come  of  it,  but  that  on  the  contrary 
such  a  proceeding  would  bro'^d  only  greater  confusion. 

"In  the  official  report,"  says  the  Hercdil  of  August  5th,  "of  the  pro- 
ceedings of  the  Young  Men's  Democratic  Association  at  their  meeting  on 
Saturday  evening,  we  find  the  following :  '  Mr  Randolph  oflfered  the  following 
resolutions,  which  were  seconded  but  lost : 

"  '  Hmolred,  That  a  true  democrat  must  hold  the  constitution  and  the  laws 
of  his  country  inviolably  sacred,  and  scrupulously  respect  the  forms  of  le'jal 
proceedings,  whorol)y  life,  liberty,  or  property  is  to  be  effected.  That  ve 
■will  not  give  our  support  to  any  candidate  for  any  office  who  individually  or 
as  a  member  of  any  association  has  systematically  and  with  premeditation 
abridged  any  of  the  chartered  liberties  of  the  citizen,  and  especially  who  has 
resisted  or  evaded  the  great  writ  of  hahi'ix  enrpm,  or  has  hold  persons  to 
answer  for  capital  or  other  infamous  crimes,  otherwise  than  on  presentment 
and  indictment  by  a  grand  jury,  or  has  denied  them  the  assistance  of  counsel 
f)r  the  right  of  trial  by  jury,  which  the  constitution  of  our  state  declares 
shall  be  secured  to  all  and  remain  inviolable  forever ;  or  who  has  counselled 
or  approved,  aided  or  abetted  any  other  person  in  doing  any  of  these  things.' 

"This  places  the  question  fairly  before  the  people,  and  wo  wish  nothinj,^ 
liettcr  than  that  the  issue  may  be  made  in  tiie  next  election.  The  Star  says 
the  resolutions  wciv  lo.^t,  but  we  hope  the  association  will  revive  them,  and 


THE  MAYOR  SPEAKS. 


323 


cither  repudiate  or  avow  explicitly  the  principles  thoy  contain.  Some  of  tho 
gentlemen  on  the  democratic  state  ticket,  among  them  Mr  Heydcnfeldt,  tho 
candidate  for  judge  of  tho  supreme  court,  have  approved  and  ahetted  the 
course  of  the  Vigilance  Committee.  We  desire  now  a  distinct  avowal  on  tho 
part  of  the  leaders  of  the  democratic  party  whether  those  gentlemen  are  to 
be  blackballed  by  any  portion  of  their  own  paxty  at  tlie  next  election  ior  the 
expression  of  their  opinions. " 

The  mayor  of  the  city  issues  his  pronunciaiaento  in. 
terms  following: 

"TO  THE  CITIZENS  OF  SAN  FRANCISCO. 

"  We  have  arrived  at  an  important  crisis  in  the  civil  and  social  condition 
and  prospects  of  our  city.  A  voluntary  association  of  men  has  been  formed, 
under  peculiar  bonds  to  each  other,  >ind  assuming  most  extraordinaiy  and 
irresponsible  powers,  and  has  undertaken  to  institute  extra-judicial  pi'i- 
eiedings  in  forms  not  known  to  the  laws.  This  association  claims  ■••ud  ex- 
ercises the  right  to  inflict  penalties  upon  those  adjudged  by  them  guilty  of 
crime,  even  to  tlie  ]>cnalty  of  death,  and  has  publicly  and  boldly  inflicted  that 
penalty  in  two  inst^iuces. 

"Tliey  claim  and  exercise  the  right  of  domiciliary  visits,  without  any 
accounta)>ility,  of  a  character  not  known  under  iiny  other  than  inquisitorial 
governments.  The  great  and  s  icred  writ  of  habeiis  corpux  has  been  rendered 
by  them  incHectual,  and  the  authority  of  the  highest  tribunal  of  the  stat<! 
disregarded.  Tlie  circumstances  in  which  tho  authorities  ar.>  placed  in  con- 
sequence sei.'m  to  demand  of  me,  as  the  constituted  chief  magistrate,  some 
action  l>y  which  the  views  and  purposes  of  the  city  govonuncnt,  over  wliieh 
r  have  1>eene;tlled  to  preside,  may  be  indicated  to  the  citizens,  to  the  country, 
and  t  J  the  world.  The  people  of  the  United  States,  of  whom  we  are  proud 
to  be  considered  a  part,  have  always  attributed  their  eminence  above  almost 
iiiiy  other  people  in  the  scale  of  freedom  and  security  in  their  rights  to  the 
fact  that  they  live  under  a  government  of  laws  of  their  own  v'oluntary  adop- 
tion. Tlie  people  of  California  have  taken  perhaps  a  more  conspicuous  place 
than  those  of  any  of  the  sister  states,  under  a  full  recognition  of  that  repub- 
lican medium  of  public  authority  and  of  common  protection.  The  several 
departments  of  the  only  government  which  any  man  among  us  can  possibly 
acknowltdge  Iiave  been  created  by  tlie  constitution  and  laws,  to  wliich  you 
as  well  as  the  public  officers  Jiave  given  a  common  assent.  These  departments 
liave  been  committed  to  the  administration  of  men  taken  from  among  your- 
selves, and  they  have  entered  uj)on  their  trusts,  do.ibtless,  with  a  firm  reliance 
upon  the  loyalty  of  their  fellow-citizens  to  the  constitution  uid  laws  for  a 
steady  support  in  the  exercise  of  their  respective  functions.  The  obligation 
of  such  a  loyalty  on  the  part  of  the  people  is  unquestionably  as  imperative  upon 
them  as  any  of  the  obligations  of  the  laws  can  be  upon  those  who  are  in- 
trusted with  their  public  administration ;  and  tlie  violation  of  obligation  on 
the  one  side  is  as  disastrous  to  the  community  as  the  abuse  or  pe.varsiou  of 
official  station  can  be  on  the  other.    The  idea  that  any  defects  in  the  law,  or 


32t 


VIGILANCE  ADMIXISTRATIOX  OPPOSED. 


any  incompetency  of  its  execution,  can  he  remedied  l>y  voluntary  associations 
of  citizens,  assuming  a  superiority  to  the  laws,  is  not  onlj'  preposterous,  but 
implies  an  abrogation  of  all  law,  and  resolves  society  into  a  state  of  perfect 
anarchy.  The  result  is  inevitably  the  same,  however  intelligent  may  be  the 
inind.«,  pure  the  motive,  or  temponirily  beneticial  the  acts  of  those  who  become 
80  associated.  In  a  community  like  ours,  where  the  institutions  of  govern- 
ment have  but  just  been  established,  any  combinations  of  citizens  for  purposes 
not  authorized  by  law,  and  whose  proceedings  arc  not  controlled  by  law  or 
subservient  to  the  support  of  constituted  authority,  can  have  no  other  than 
an  insurrectionary  tendency  throughout  the  commonwealth,  and  must  to  an 
absolute  certainty  inflict  disgrace  upon  us  in  the  estimation  of  our  country- 
men in  other  parts  of  the  Union,  and  ruin  the  confidence  which  it  is  of  first 
necessity  to  our  prosperity  to  secure  throughout  the  commercial  world.  With 
these  views  I  feel  impelled,  by  the  strongest  sense  of  official  duty,  and  by 
every  consideration  for  our  common  welfare  and  public  character,  to  call  upon 
all  citizens  to  withdraw  from  such  association,  and  to  unite  in  a  common 
cfTort  to  support  the  laws  and  to  sustain  a  prompt  and  energetic  administra- 
tion of  them  in  their  proper  application  and  action.  In  addition,  I  deem  the 
present  a  proper  occasion  to  announce,  in  the  most  distinct  terms,  that  I  shall 
not  shrink  from  a  prompt  discharge  of  the  duties  which  the  statutes  of  the 
state  and  the  ordinances  of  the  city  have  made  imperative  upon  me ;  and  that 
there  may  be  no  misapprehension  in  respect  to  what  these  duties  m.iy  be,  I 
have  to  call  the  attention  of  all  citizens  to  the  provisions  of  the  act  to  regu- 
late proceedings  in  criminal  cases,  chapter  iv.  I,  however,  appeal  to  the  good 
sense  and  deliberate  judgment  of  my  fellow-citizens  to  relieve  mc,  and  the 
other  public  functionaries  of  the  city,  by  their  common  submission  to  public 
order,  from  the  necessity  of  any  application  of  the  requirements  of  that  act. 

"  C.  J.  Brexium,  Mayor. 
"Matjor's  Office,  July  11th." 


From  the  report  of  the  grand  jury  for  the  special 
July  term  I  extract  the  following: 

"  There  is  another  subject  to  which  our  attention  \\n&  been  directed  by  the 
presiding  judge,  in  his  able  charge,  which  has  occupied  much  of  our  time  and 
serious  consideration.  It  is  well  known  that  a  largo  portion  of  our  best  and 
most  worthy  citizens  have  associated  thcmsolvca  together,  and  witliout  the 
inter\x'ntion  of  our  legal  and  constituted  tribunals  entered  upon  the  investiga- 
tion of  tn'iminal  charges  against  several  persons,  and  executed  sentence  of 
condcnuiation  and  death.  Wlicn  wc  recall  the  provisions  v'  the  constitution 
of  our  govcrnmcut,  which  it  is  the  bounden  duty  of  every  citizen  to  support 
ami  ijiiiiutain,  tliat  no  person  shall  be  lield  to  answer  for  a  capital  or  otlicr- 
M  iso  infamous  crime  unless  on  a  presentment  or  indictment  of  a  grand  jury, 
nor  \w  (lii)rived  of  lilV,  liberty,  or  property  without  due  pioeess  of  law,  and 
lintl  ;il.j()  the  same  pr()vi>iou  and  language  in  our  state  constitution,  we  feel 
c(jU\  iiici'd,  doubly  (.onviuccd,  while  wc  believe  tlie  members  of  that  associa- 
tion liave  been  governed  by  no  improper  motives,  that  their  proceedings  ai'c 


di 


THE  GRAND  JURY. 


325 


Tinlawful  and  in  ^•iolation  of  the  fundamental  law  of  the  land.  We  fear,  too, 
the  powerful  example  of  those  proceedinga  may  engender  a  spirit  of  insubor- 
dination, or  afford  a  pretext  to  other  individuals  or  associations  hero  or  else- 
where in  our  state,  who  may  not  be  governed  by  the  same  honest  motives,  or 
restrained  by  the  same  careful  investigation  of  facts,  for  the  perpetration  of 
deeds  of  violence,  which  may  lead  to  anarchy  and  abuses  dangerous  tf)  the 
lives  and  property  of  citizens.  When  we  recall  the  delays  and  the  inefficient, 
we  believe  that  with  much  truth  it  may  be  said  the  corrupt  atlministra- 
tiou  of  the  law,  the  incapacity  and  indifference  of  those  who  are  its  .sworn 
guardians  and  ministers,  the  frequent  and  unnecessary  postponement  of  im- 
portant trials  in  the  district  court,  the  disregard  of  duty  and  impatience 
while  attending  to  perform  it  manifested  by  some  of  our  judges  having  crimi- 
nal jurisdiction,  the  many  notorious  villains  who  have  gone  unwhippcd  of 
justice,  we  are  led  to  believe  that  the  members  of  that  association  have  been 
governed  by  a  feeling  of  opposition  to  the  manner  in  which  the  law  has  been 
administered  and  those  who  have  administered  it  rather  than  a  >lcterinina- 
tion  to  disregard  the  law  itself.  Under  institutions  so  eminently  popular  as 
those  under  which  we  live,  the  power  of  correcting  all  these  abu.tcs  is  with 
the  people  themselves.  If  our  officers  are  unfit  for  the  stations  tluy  imiipy, 
if  the  laws  are  not  faithfully  executed,  if  an  an-aigned  criminal  i)rocun.'s  his 
own  friends  to  be  placed  on  the  jury  that  tries  him,  where  is  tlij  fiuilt,  and 
where  is  the  remedy?  If  those  of  our  citizens  who  are  most  iiittrostcil  in 
lifiving  good  and  wholesome  laws,  and  in  seeing  them  purely  adininistiTcd, 
will  not  give  sufficient  attention  to  our  elections  to  procure  proper  and  sober 
legislators,  judicial  and  other  officers,  and  neglect  to  obey  the  mandates  of  our 
ci)ui'ts  when  summoned  as  jurors  and  witnesses,  as  has  been  too  often  the  case, 
can  they  expect  to  see  justice  prevail?  And  is  it  not  in  the  neglect  of  their 
duties  in  these  important  particulars  they  may  find  the  true  fountain.,  from 
whence  have  sprung  manj'  of  the  evils  we  have  stiffered?  The  grand  jurors, 
l)elicviiK,',  whilst  they  deplore  their  acts,  that  the  associ.ation  styling  them- 
selves the  Vigilant  Committee,  at  a  great  personal  sacrifice  to  themselves,  liave 
been  influenced  in  their  actions  by  no  personal  or  private  malice,  but  for  the 
best  interests  of  the  whole,  and  at  a  time,  ton,  when  all  other  means  of  pre- 
venting crime  and  bringing  criminals  to  deserved  punishment  had  failed,  hero 
dismiss  the  matter  as  amtuig  those  peculiar  results  of  circumstances  that 
.sometimes  startle  conununitics  which  they  can  neither  justify  nor  by  ,i  jirc- 
Kcntment  effect  any  benefit  to  individuals  or  the  country,  and  with  the 
assurance  that  there  is  a  iletorminntion  on  tiio  part  of  all  well  <lisposod  eiti/.-^ns 
to  correct  the  abuses  referred  to  by  selecting  proper  ollioers  to  take  the  ]ilricos 
of  those  who  have  violated  their  trusts,  .-uid  by  perfonning  each  his  part  in  tlie 
iiihninistration  of  the  laws.  When  tins  is  done,  the  axe  will  h.ive  bctii  '.aid 
at  the  root  of  the  tree,  tlic  proper  remedy  applied  for  tiic  coiToction  of  tlio 
grievous  evils  our  city  and  county  have  so  long  suftV'red,  and  there  will  be  no 
necessity  for  the  further  action  of  that  Committee.  To  them  we  are  indibted 
for  much  valuable  information  and  many  important  witnesses." 

In  answer  to  this  comes  Levi  Parsons,  judufo  of  iho. 
district  court,  and  asks  the  court  of  sessions  to  strike 


326 


VIGILANCE  ADMINISTRATIOX  OPPOSED. 


out  that  portion  of  the  report  wliicli  refers  to  the  dis- 
trict court.  In  his  motion  the  learned  judge  indulged 
in  several  assertions,  to  which  the  jury  took  exceptions 
in  the  followinor  terms: 

o 

"  The  undersigned,  members  of  the  late  grand  jury,  deem  it  due  to  them- 
8elvc3  to  correct  a  few  uiTors,  wilful  or  otherwise,  of  the  honorable  Levi 
Parsons,  judge  of  tho  fourth  judicial  district,  made  by  him  in  his  motion 
before  the  court  of  sessions,  to  strike  out  certain  portions  of  said  grand  jury's 
report.  Tho  assertion  that  the  names  of  but  two  witniisses  were  endorsed 
on  th -'  back  of  the  indictment  of  Hall  and  Spiers  is  correct.  The  assertion 
tliat  but  two  were  examined,  .md  that  the  jury  had  listened  to  outside  evi- 
dcnee,  is  false;  and  tliey  believe  the  honorable  judge  knew  it  to  be  so  wlicn 
be  uttei'od  it,  it  having  been  explained  to  him  by  one  of  the  jurors,  previous 
to  the  visit  of  tlie  honorable  judge  to  Sacramento,  that  by  some  mi.stakc — 
easily  made  in  the  press  of  business — tho  names  of  tlie  other  witnesses  were 
accidentally  omitted.  He  also  stated  that  he  had  received  a  note  from  the 
grand  jury,  disapproving  of  a  certain  or  certam  jurymen  then  trying  tlic 
above  ease.  This  statement  is  wilfully  and  unqualifiedly  false,  no  com- 
munication liaving  Imen  sent  the  honorable  judge  by  the  grand  jury,  either 
otlicially  or  individually. " 

The  court  of  sessions  denied  the  motion  of  the 
district  judge  holding  that  the  grand  jury  possessed 
the  undoubted  power  to  examine  the  conduct  of  public 
otiicors  and  to  express  their  sentiments  on  all  public 
affairs.  ,' 

Immediately  after  the  execution  of  Stuart  a  fresh 
charge  was  given  the  grand  jury  by  the  court  of 
sessions.  The  charge  from  which  I  extract  the  fol- 
lowing was  made  by  Judge  Campbell,  an  able  and 
upright  man.  And  what  he  says  is  true  so  far  as  it 
goes.  He  throws  off  a  series  of  general  ])ropositions, 
but  hai'dly  touches  the  real  points  at  issue.  To  charge 
the  people  with  murder  was  simply  judicial  mud- 
lliiiging;  and  to  speak  of  liberty,  constitution,  and 
legal  safeguards  in  the  connection  was  but  a  little 
more  of  that  political  fustian  of  which  the  people 
were  alread}^  too  tired. 

"  The  court  deem  it  their  duty  to  call  your  attention  to  an  event  of  tho 
most  startling  and  fearful  character.  Wo  are  informed  that,  yesterday,  a 
person  by  the  name  of  Stuart  was  t'lkeu  by  an  organized  association  to  tho 
Market-street  wharf,  in  thi.s  city,  and  there  hanged  by  them ;  that  a  large  force 


CIIARGK  OF  JUDGK  CAMPBELL. 


(if 

fol- 

Liid 

it 


ind 
ttlc 
Iple 


the 


the 
Iforce 


j,iiartlo  1  t)ir  w'.n-f  to  prevent  tho  success  of  any  attempt  which  might  he 
made  by  tho  puhlio  olUcera  or  citizens  to  vindicate  the  law  and  rescue  tho 
deceased.  Tliis  outra'^e  took  place  in  the  open  day.  It  is  wholly  without 
I'xcusc  or  juatilication.  The  qiiUiitiou  haa  now  uriaen  whether  the  laws  made 
by  the  constituted  authorities  of  the  state  arc  to  be  obeyed  and  executetl 
or  whether  secret  societies  arc  to  frame  and  execute  laws  for  the  government 
of  this  country,  and  to  exercise  supreme  power  over  the  lives,  liberty,  and 
property  of  our  citizens ;  whether  we  arc  now  to  abandon  all  those  principles 
which  lie  at  tlie  foundation  of  American  law,  and  are  the  birthriglit  of  every 
citizen,  which  from  the  earliu.st  period  of  American  history  up  to  the  present 
time  have  evci'  bi/ini  cherished  by  the  good,  the  wise,  and  the  greit.  Arc  the 
people  willin;,'  to  throw  away  the  safeguards  wliich  the  experience  of  ages  has 
proved  necessary,  to  triimplo  the  laws  and  constitution  underfoot,  to  declare 
that  law  is  inconsistent  witli  liberty,  and  to  place  life,  liberty,  property,  an<l 
loputatiou  at  tho  jnercy  of  a  secret  society?  If  such  bo  the  disposition  of 
tile  people;  if  the  .Spani:ili  UKjiiisition  is  to  be  revived  hero,  with  all  and  more 
tii.an  all  its  former  tcixors;  if  without,  or  in  deliancc  of,  all  legal  ])roeess,  by 
tho  mere  order  of  a  committee,  men  arc  to  be  aiTcstcd,  .secretly  tried,  .and 
suddenly  executed ;  if  the  tap  of  a  bell  is  to  be  the  signal  for  hundreds  of 
armed  men  to  a.s.semble  iustantly  together,  and  to  execute,  in  open  day,  tlieir 
unlawful  and  treasonable  designs,  it  is  time  for  every  man  who  values  his 
life,  siifety,  and  honor,  to  shako  the  dust  from  his  feet  and  seek  out  some  new 
homo  where  he  may  hope  to  enjoy  the  blessings  of  liberty  under  tho  law. 
IJut  if,  on  the  other  hand,  ^VG  have  not  quite  forgotten  the  principles  upon 
which  our  government  is  formed ;  if  we  believe  that  the  constitution  and  laws 
of  our  country  should  be  reverenced  and  obeyed,  and  that  public  order  ami 
tranquillity  sliould  be  preserved ;  if  we  believe  that  persons  accused  of  crime 
should  have  an  open,  public,  and  impartial  trial  bj' a  f.air  jury  of  unpreju- 
diced citizens,  and  should  have  a  reasonable  opportunity  of  making  their  de- 
fence, of  employing  counsel  and  summoning  witnesses:  if  we  believe  that  the 
gooil  name  and  reputation  of  our  citizens  is  to  be  protected  from  a  secret 
scrutiny,  \\h«rc  accusations  arc  made  under  the  influence  of  fear,  by  persons 
of  questionable  character;  if  we  believe  that  our  houses  are  to  be  protected 
from  nnreasonable  searches,  without  color  of  authority,  i.;  is  onr  solemn  and 
l)onnden  duty  to  take  immediate  and  energetic  measures  for  the  suppression 
of  the  spirit  of  reckless  violence  wliicii  (jverrules  thu  laws  and  sets  the  con- 
stitution at  defiance.  When  you  lir.3t  asseml)lcd,  the  court  called  your  atten- 
tion to  the  unlawful  execution  of  a  man  named  .Jenkins  by  an  a.ssociatiou  nf 
citizens.  Wo  considered  tliat  act  as  greatly  palliated  ^y  tho  eircum.stanees 
imder  which  it  was  committed ;  that  the  laws  had  been  defective,  and  that 
pcrliaps  there  had  been  some  laxity  in  their  administrat'on;  that  the  county 
had  no  suilicieut  jail  for  the  detention  of  prisoners;  that  crime  had  increased 
to  a  fearful  extent,  and  th.it  a  portion  of  the  citizens,  deeming  that  the  law 
afforded  them  no  protection,  had  in  tii.at  instance  undertaken  to  execute  what 
they  conceived  to  be  summary  justice,  in  Wolation  of  the  law,  but  with  .-i  sincere 
•lesire  to  .advance  the  ])ublic  uitercsts.  We  further  stated  that  the  law  h.ad 
Ix.'cn  amended  in  many  respects,  so  an  to  .secure  tht-  speedy  trial  and  con- 
viction of   offeiidcrs,   ami  in  aomc  c-uc;   vJ  ineicasc   tho  measure  of    their 


328 


VIGILANCE  ADMINISTRATION  OPPOSED. 


punishment ;  that  the  county  jail  had  been  put  in  a  proper  condition  for  the 
Haf<!-keeping  of  prisoners ;  and  we  expressed  the  hope  that  no  further  attempts 
would  bo  made  to  interfere  with  the  legally  organized  tribunals  of  justice,  or 
to  \vre8t  from  them  their  just  powers  and  attributes.  From  the  time  of  your 
assembling  the  court,  the  grand  jury  and  all  the  officers  have  been  actively 
and  constantly  engaged  in  the  performance  of  their  duties.  At  the  time  when 
they  were  making  every  possible  efifort  to  dispose  of  the  criminal  business  of 
the  county,  and  when  the  court  was  in  actual  session  and  in  the  performance 
of  its  duties,  an  association  of  persons,  of  armed  and  organized  men,  have 
undertaken  to  trample  on  the  constitution,  defy  the  laws,  and  assume  un- 
limited power  over  the  lives  of  the  community.  There  is  no  excuse  or  pallia- 
tion for  the  deed ;  it  is  a  gross  and  glaring  outrage ;  it  seems  to  have  been 
done  for  the  express  purpose  of  hurrying  on  a  collision  between  the  courts, 
and  all  fond  of  law  and  order  on  the  one  side,  and  the  association  referred  tu 
on  the  other.  If  the  deceased  was  guilty  of  any  crime,  he  could  have  been 
immediately  indicted,  and  within  a  week,  or  at  most  ten  days,  tried,  con- 
victed, and  sentenced.  Public  justice  could  have  been  vindicated  without 
infringement  of  public  law.  Every  person  who  in  any  manner  acted,  aided, 
abetted,  or  assisted  in  taking  Stuart's  life,  or  counselled  or  encouraged  his 
death,  is  undoubtedly  guilty  of  murder.  It  is  your  sworn  and  solemn  duty, 
which  you  cannot  evade  without  perjuring  yourselves,  carefully  and  fully  to 
investigate  this  matter,  and  to  do  your  share  toward  bringing  the  guilty  to 
punishment.  Upon  your  fearless  and  faithful  discharge  of  the  sacred  trust 
confided  to  you  depends  in  a  great  measure  the  future  peace,  order,  and 
tranquillity  of  the  community. " 

Coiumenting  on  which  the  Herald  of  July  14tli 

says:  i 

"  We  would  fain  forbear  commenting  on  Judge  Campbell's  charge  to  the 
grand  jury  ou  the  execution  of  Stuart,  but  its  judicial  chijiaoter  gives  to  his 
speech  on  that  occasion  a  gravity  and  importance  that  must  render  any 
erroneous  views  ho  has  taken  exceedingly  unfortunate.  It  would  take  much 
of  I'xtKivagfiiice  to  lessen  in  the  smallest  degree  the  great  respect  cntcrtaineil 
for  Mr  Campbell  by  his  fellow-oitizens.  In  addition  to  the  warm  personal 
esteem  with  which  he  is  regarded,  tlie  most  implicit  contidence  is  reposed  in 
his  olUcial  integrity  and  zeal ;  but  in  this  charge  we  rc^'iet  to  say  that  he  has 
ussuincil  positions  wholly  unwarranted  by  any  legal  necessity,  and  wantinj,' 
tliat  equitable  and  common-seu  <e  regard  to  tlic  exigencies  of  society  which 
in  every  free  country  sliould  mould  and  fashion  the  action  of  the  judiciary. 
Tlie  judge  is  reported  to  have  stigmatized  the  execution  as  an  outrage,  with- 
out o.'ccuse  or  palliation,  and  every  person  who  iu  any  manner  acted,  aided, 
abetted,  or  assisted,  or  counselled,  or  encouraged,  as  undoubtedly  guilty  of 
murder.  We  remember  in  this  city  many  instances  within  tho  last  year 
wherein  good  worthy  citizens,  who  had  never  offended  against  the  law,  and 
were  useful  members  of  society,  were  foully  nmrdered  for  gold ;  we  remember 
when  Captain  Jarvis,  thiin  whom  a  more  manly,  honest,  kind-hearted  man 
ncv(;r  lived,  was  struck  down  by  the  kuife  of  the  assassin  at  his  own  door, 


JUDGE  C.VMPBELL  CRITICISED. 


329 


with  his  infant  in  his  arms  and  his  wife  by  his  siile ;  the  murderers  wore 
never  stigmatized  by  the  presiding  judge  with  half  the  rigor  exhibited  in  this 
charge  of  Judge  Campbell  against  the  Vigilance  Committee  for  the  publio 
execution,  after  a  fair  trial,  of  a  despcmdo  whose  lifu  front  childliood  had 
been  a  long  series  of  bold  and  successful  crimes.     Now  wo  will  take  theso 
two  homicides,  phrasing  them  legally,  and  we  ask  Judge  Campbell  if  by  any 
process  of  reasoning  he  can  satisfy  any  rational  being  that  one  is  equally  cul- 
pable with  the  other?  Again,  the  severest  punishment  which  could  be  inflicted 
on  Stuart  was  death.     The  punishment  of  murder  is  death.    But  crimes  de- 
serving an  equal  punishment  should  be  of  equal  atrocity ;  therefore,  in  Judge 
Campbell's  view,  there  is  no  difference  in  guilt  between  the  member  of  the 
Vigilance  Committee,  who  never  committed  a  crime  in  his  life,  but  who  was 
present  at  the  trial  and  execution  of  Stuart,  and  Stuart  himself,  whose  soul 
was  callous  with  a  thousand  crimes.     Can  he  prevail  upon  any  grand  jury  to 
entertain  so  extraordinary  a  proposition?    But  this  is  absolutely  nothing  to 
the  inconsistency  which  follows.     We  believe  there  are  between  eigiit  and 
nine  hundred  men  in  the  Committee.     Besides  these  there  were  at  a  low  cal- 
culation two  thousand  five  himdred  persons  present  at  the  execution.     It  is 
quite  safe  to  say  that  three  thousand  persons  witnessed  the  occurrence.   Theso 
three  thousand  persons  did  not  make  an  effort  to  arrest  it,  did  not  protest 
against  it,  did  not  by  voice  or  gesture  or  word  or  deed  oppose  it.     They  are, 
therefore,  accessories,  and  according  to  the  judge's  charge  undoubtedly  guilty 
of  murder.    He  adds  that  it  is  the  sworn  duty  of  the  grand  jury,  a  duty  they 
cannot  evade  without  perjury,  to  do  their  part  toward  bringing  those  persons 
to  punishment — that  is,  to  indict  tliem  for  murder.     If,  tlien,  it  be  tlic 
duty  of  the  jury  to  indict  them  for  murder,  and  if  they  be  guilty,  as  the 
judge  solemnly  pronounces  them  to  bo,  it  is  not  for  the  idle  ceremony  of  uii 
indictment  and  trial,  it  is  with  a  view  to  their  punishment,  tliat  tlie  gi-au<l 
jury  are  instructed  to  bring  in  an  indictment  against  those  three  thousand 
persons,  and  tlie  punishment  of  murder  is  death ;  therefore  it  is  the  punish- 
meut  by  death  of  tlireo  thousand  citizens  which  tlie  judge's  charge  involves, 
or,  omitting  the  spectators,  of  nine  hundred  meu  composing  the  Committee, 
and  all  for  such  a  man  as  Stuart,  a  thing  of  course  never  contemplated  by  so 
kiiid-hcarted  and  benevolent  a  gentleman  as  Judge  Campbell,  who,  apart  from 
the  discharge  of  his  judicial  functions,  estimates,  we  liave  no  doubt,  as  highly 
as  anybody  the  beneticial  results  of  the  Couimittee"a  action.    Tlie  judge  could 
not  then  have  charged  the  jury  with  the  intention  of  having  iuilicted  on  these 
nine  hundred  men  the  punishment  of  death ;  and  therefore  his  charge,  so  far, 
could  not  have  meant  anythuig.     But  is  it  a  fit  time  to  make  charges  tiiat 
mean  nothing,  replete,  too,  with  unmeasured  denunciations  of  a  large  body  of 
litizens?    We  have  not  space  to  take  up  all  the  points  in  the  judge's  charge, 
l)ut  passing  by  minor  things  we  come  to  this  sentence:    'It  seems  to  have 
lieen  done  for  the  express  purpose  of  hurrying  on  a  collision  between  tlie 
courts  and  all  fond  of  law  and  order,  on  the  one  side,  and  the  association  re- 
ferred to  on  the  other. '    And  a  collision  would  have  involved  most  probably 
ti\e  loss  of  many  valuable  lives ;  and  it  is  of  this  monstrous  crime  the  judge 
acciises  the  Committee !    Can  he  entertain  the  belief  that  a  purpose  so  fiendish 
would  liave  been  coldly  determined  upon  by  nine  hundred  of  our  most  esti- 


M 


■■•I 


330 


VIGILANCE  ADMIXISTRATION  OPPOSED. 


inal>In  citizens?  But  tlio  jii(l<,'c  charges  the  jury  that  such  Hcenied  to  )w  tlieir 
intention, and  according  totlio  order  of  the  charge  the  iudiotmcnt  woidd  l>o  for 
wilful  murder,  witli  intent  to  coinuiit  a  hreacli  of  tlie  peace.  Wluit  nlmll  wo 
iuiy  of  tliis  charge  but  tliut  we  reject  it  an  apocryiilial,  and  that  wo  luuMt 
bflievo  the  report  to  bo  iuaeeurato  and  unjust.  After  all,  let  us  ask  in  all 
candor  what  moral  wrong  haa  yet  been  done  by  the  (^omniitteo?  Society  has 
Ik'cii  freed  by  death  from  two  pests  who  made  a  livelihood  by  the  de.ith  and 
robliery  of  the  citizens.  Four  men  who  kept  places  of  rendezvous  for  nuir- 
derers,  burglars,  i.nd  incendiaries  have  been  sent  out  of  the  country.  Has 
society  lust  by  tlie  occurrences?  Is  there  anything  coiuiectcd  with  the  lives 
of  those  exccuteii  which  can  excite  synipatliy,  or  of  those  baiushed  to  cause 
regret  for  their  exile?  The  lives  of  those  two  men  were  long  since  forfeited 
to  the  law,  and  any  citizen  would  have  been  justiticil  in  killing  them  who 
had  detected  them  in  the  perpetration  of  any  of  the  hundreil  crimes  tiicir 
liaiiiU  were  stained  with.  Had  the  law  been  administered  properly  they 
would  have  lon;^  I'nce  died  by  the  hands  of  the  executioner.  What  moral 
VTong,  then,  hci'i  been  committed?  The  law  has  been  violated,  it  is  n!i  v'crcd. 
Ay,  the  law ;  but  the  Sablw  th  wjvs  made  for  man,  and  not  man  for  the  SablMith . 
and  the  citizen  is  not  made  for  the  law,  but  the  law  for  the  citizen ;  and  when- 
over  the  law  becomes  an  empty  name,  has  not  the  citizen  the  right  to  supply 
its  deficiency?  What  more  shall  we  say  but  that,  though  ditl'ering  on  every 
point  from  the  views  held  by  .Tudge  Campbell  in  his  charge,  we  nevertheless 
would  not  breathe  a  oyllabh;  to  shako  the  conlidenee  that  is  justly  reposed  in 
him,  and  which  he  has  already  earned  by  his  learning,  industry,  and  in- 
tegrity, and  his  freedom  from  all  vices,  faults,  and  defects  which  disfigure  the 
character  of  other  members  of  the  judiciary." 

H.  S.  Brown,  associate  justice  of  the  court  oT  .-.u^ 
sions,  viewed  the  matter  in  a  most  sensible  lij^lit.    The 
day  after  the  execution  of  certain  criminals  by  the 
Vigilance  Committee  he  sent  in  his  resignation,  and 
for  the  following  pertinent  reasons: 

■'Notwithstanding  scores  of  criminals  have  been  tried,  convicted,  and  sen- 
tenced, and  the  criminal  calendar  nearly  cleared,  yet  the  people,  without  the 
form  of  law,  arrest,  try,  and  execute  their  fellow-men.  Twice,  yea  thrice,  has 
tins  been  repeated  while  the  court  was  doing  ail  in  its  power  to  arrest  crime 
and  bring  offenders  to  justice.  On  each  of  these  occasions  the  cause  assigned 
has  been  tlic  inefficiency  and  weakness  or  corruption  of  the  courts.  Now  if 
the  people  have  lost  all  respect  for  those  who  lill  judicial  places,  believe  them 
eorrui)t,  capable  of  being  seduced  by  glittering  gold,  or  if  they  expect  that 
courts,  acting  under  the  solemnity  of  an  oath,  can  wilfully  violate  the  lirst 
principles  of  law,  and  disregard  testimony,  then  I  hold  that  it  is  the  duty  of 
t!i<!  members  of  the  various  courts  to  i-esign  their  position,  that  new  ones  may 
be  placed  in  their  stead  in  whom  the  people  have  conlidenee,  or  elect  those 
who  have  no  conscientious  scruples  in  punishing  those  who  may  be  charged 
with  (rime,  wliether  convicted  legally  and  in  accordance  with  the  testimony  ur 


"^ 


GOVKRNOR  McDOUfJrVL. 


3.11 


«  thciv 
I  \w  for 

liall  wu 
0  must 
:  ill  Mil 
icty  liiis 
!ith  nnd 
or  tnur- 

^.        llliS 
,liu  livu.s 

to  caUHi' 
Forfciteil 
icm  who 
loa  their 
i-ly  they 
at  mui'iil 
n  'vcrod. 
8aW)ath , 
lul  wheii- 

to  snpi'ly 
on  cvury 
^'crthcless 
•cpoaed  in 
,  aiul  in- 
ligure  thu 


b.  The 
by  tlio 
III,  autl 


not.  After  the  Heonca  of  ycaterday,  coupled  with  the  avowals  as  to  the  ciinsr 
na  tlioy  appear  in  our  public  priuta,  I  wonM  not  longer  occupy  the  position  I 
hiivu  had  for  thu  untold  wcnltii  of  Califurniii.  I  trust,  sir,  tliu  Nturin-oloud 
may  pons,  tliut  order  and  liurniuny  may  reign ;  but  I  tremble  lest  iudiscrutiuu 
plunge  us  into  bccnc    of  bloodshed  and  discord," 

John  ^McDougal,  fjovcrnor  of  tho  state,  hc\n>y  duly 
inlorniod  of  the  cf  adition  of  alfiiirs,  in  conforinity  witli 
his  duty  issued  a  pnjthuiiation  warninj^  all  good  citi- 
zens to  al)stain  from  unlawful  acts  and  from  unlawful 
comhinations.  13ut  upon  (ixainination  ho  soonied  satis- 
fied that  the  work  nropf)sod  by  the  Committee  would 
bo  benelicial  to  public  interests,  and  that  an  armed  o])- 
[josition  would  be  harmful;  and  it  was  so  agreed  with 
the  executive  that  the  work  should  go  on,  and  that  lie 
would  interpose  no  active  opposition  on  the  part  of 
the  state  so  long  a^i  the  operations  of  the  Committee 
should  be  confined  to  the  sphere  indicated,  unless  some- 
thing then  unforeseen  should  compel  him  to  ado[)t  a 
diffei'ent  course,  in  which  event  he  would  give  tluMii 
due  notice. 

Accordingly,  throughout  the  active  existence  of 
the  first  Committee,  the  governor  properly  main- 
tained the  attitude  of  nominal  opposition  only,  thus 
to  maintain  the  dignity  of  the  state,  but  found  no 
occasion  to  resort  to  active  measures  against  the 
Vigilance  Committee. 

The  governor  was  severely  reprobated  as  a  generally 
bad  character  by  tho  press  and  people  both  of  the 
cities  and  of  the  country.  Yet  so  far  as  his  official 
acts  and  attitude  toward  the  Vigilance  Committee  are 
•  •oneerned,  I  cannot  see  wherein  he  overstepped  the 
Itounds  of  magisterial  propriety,  unless,  indeed,  it  was 
\N  hen  he  approved  in  words  of  the  doings  of  the  asso- 
ciation and  bade  them  G(xl-speed. 

It  was  not,  however,  his  pretended  opposition  to 
the  vigilance  movement  which  was  contemptuously 
regarded,  but  the  ease  with  which  he  pardoned 
notorious  offenders,  convicted  after  great  labor  and 
expense. 


VIGILANCE  ADMINISTRATION  OPPOSED. 


Following  is  the  governor's  manifesto; 

"ExECTTTivE  Depabtment,  Valiejo,  July  21,  1851. 
"To  the  People  of  t/ie  State  of  California: 

"It  has  been  represented  to  me  that  organizations  of  citizens  styling  them- 
selves vigilance  committees  have  been  formed  in  various  portions  of  the 
state  and  assume  powers  inconsistent  with  the  existing  laws,  and  serious  ap- 
prehensions arc  entertained  of  collision  between  the  constituted  authorities 
and  the  citizens  thus  organized;  and  it  becomes  my  duty  to  take  some  step 
by  which  so  great  a  calamity  may  be  averted.  It  is  earnestly  hoped  that  a 
few  simple  and  practical  suggestions  may  serve  to  secure  this  desirable  end. 
No  security  of  life  or  property  can  be  guaranteed  except  the  constitution  and 
laws  are  observed.  Let  these  be  forcibly  dispensed  with,  their  sacrednesa 
violated,  and  submission  to  their  authority  refused,  and  we  are  reduced  to  a 
state  of  anarchy  more  dangerous  in  its  tendencies  and  probable  results  than 
the  worst  laws  under  our  system  can  }K>s8ibly  be,  no  matter  how  corruptly 
administered.  We  are  just  entering  upon  our  career ;  our  character  is  not  yet 
formed,  and  people  from  all  climes  and  all  countries  are  flocking  to  our  shores. 
It  then  becomes  us  to  take  no  unadvised  step  which  shall  retard  our  progress 
now  or  prejudice  our  claims  to  a  high  and  commanding  stand  hereafter. 
But  more  than  this,  we  owe  it  to  ourselves  to  impress  upon  the  strangers  who 
have  settled  amongst  us,  unacquainted  with  and  perhaps  entertaining  preju- 
dices unfavorable  to  the  practical  operation  of  our  peculiar  institutions,  that 
our  governuicnt  is  a  government  of  laws,  and  that  though  tliey  may  some- 
times prove  inade(piato,  soinctinies  operate  oppressively  or  bo  admiuistcrotl 
corruptly,  the  remedy  is  not  in  a  destruction  of  the  entire  system,  but  is  to 
be  scoured  by  a  peaceful  n-sort  to  those  constitutional  means  which  arc 
wisely  afforded  to  reform  whatever  abuses  may  exist  and  correct  whatevci- 
errors  may  have  been  committed.  The  occurrences  of  the  past  three  or  four 
wei.'ks,  the  apprehension  of  individuals  within  the  jurisdiction  of  legally  con- 
stituted tribunals,  their  trial,  sentonoo,  .lud  execution,  v/ithout  authority  of 
law,  liy  a  voluntary  a.ssociation  of  citizens,  who  thus  virtually  place  them 
selves  above  and  beyond  all  law  except  that  prescribed  by  and  for  themselves, 
■will  prove  suliiciently  prejudicial  to  our  interests  abroad,  conmicrcial  and 
otherwise,  if  sueh  organizations,  assuming  such  unouestionably  dangerou.s 
])owcr8,  were  now  dissolved;  but  if  continued  there  is  no  calculating  the  ex- 
tent of  the  injury  which  may  result  to  us  as  a  state.  The  dangerous  tendencies, 
in  other  re.<pects,  of  organizations  of  the  character  under  consideration,  tlii> 
excitement  produced  in  the  public  mind  conseciucnt  upon  their  action,  I'csist- 
ance  to  the  eon.stituted  authorities,  which  must  almost  inevitably  result,  and 
threatened  collisions  between  themselves  and  officers  of  the  law  in  the  exeeu 
tlon  of  their  duties,  cannot  but  be  appreciated  and  deprecated  by  every  right 
thinking  and  patriotic  citizen  of  the  state,  and  need  not,  therefore,  bo  dwelt 
upon  here.  Whatever  may  have  been  the  exigency  heretofore  existing, 
recjuiiing,  or  supposed  to  reijuire,  the  iuloptiou  of  extraordinary  measures  on 
the  part  of  the  citizen,  it  has  now  happily  in  a  great  degree  passed,  anil 
such  measures  should,  on  this  acco\nit  if  on  no  other,  be  at  once  abandoned. 


THE  HERALD'S  REPLY. 


333 


Another  criminal  code,  with  more  efficient  provisions,  attaching  adequate 
penalties  to  the  commission  of  ofTences,  and  directing  a  more  prompt  and 
effective  administration  of  justice,  has  gone  into  operation.  Courts  are  now 
enabled  to  try,  sentence,  and  execute  aa  the  offence  deser\'es ;  safe  and  secure 
prison  houses  are  being  provided,  and  the  olBcers,  there  is  reason  to  believe, 
iire  ready  and  anxious  to  discharge  the  high  duty  imposed  upon  them  by  the 
lieople.  I  cannot  do  less,  therefore,  than  earnestly  recommend  to  my  fellow- 
citizens  everywhere  throughout  the  state  to  aid  in  sustaining  the  law,  for  in 
tliis  is  our  only  real  and  permanent  security.  Associations  may  be  organized, 
but  they  should  be  formed  with  the  view  to  aid  and  assist  the  officers  of  the 
law  in  the  execution  of  their  duties,  and  act  in  concerc  with  the  civil  authori- 
ties to  detect,  arrest,  and  punish  criminals.  By  pursuing  this  course  mui-h 
good  may,  and  undoubtedly  will,  be  accomplished,  and  all  the  dangers  which 
threaten  unlawful  assumptions  of  power  thus  averted.  Inefficiency  will  not 
then  secure  impunity  to  crimes,  nor  dangerous  criminals  be  permitted  to  go 
uuwhipped  of  justice.  It  is  my  sworn  duty  to  see  that  the  laws  are  executed, 
and  I  feel  assured  that  all  good  citizens  will  cordially  cooperate  with  me  in 
its  discharge. 

"John  McDouoa;.,  Governor. " 


uistertHl 
t>ut  is  to 
licli  arc 
whatever 
or  four 
Lily  con- 
lority  I't 
them 
mselves, 
cial  au'l 
ngerois 
the  ox 
ilcncio?^. 
ion,  tilt' 
resist - 
nit,  auil 
execH 
■y  right 
jc  dwelt 
•xisting, 
surea  on 
led,  anil 
idoned. 


On  this  the  Herald  of  July  23d  remarks: 

"This  communication  is  styled  a  proclamation  by  the  democratic  organ, 
but  we  presume  this  to  be  a  mistake.  It  doubtless  was  not  intended  as  such 
by  the  governor,  as  it  bears  none  of  the  marks  or  signs  of  such  a  document, 
except  that  it  is  rather  weak  and  is  dated  from  the  executive  department. 
The  suggestions,  for  any  practical  effect,  are  as  harmless  aa  a  bread-pill,  and 
beiug  emanations  of  the  executive  mind  they  will  doubtless  be  receive<l  by 
the  people  to  whom  they  are  addressed  with  respectful  indifference  accord- 
ingly. We  are  by  no  means  disposed  to  find  fault  with  the  governor  for 
l)iitting  these  suggestions  on  paper  and  publishing  them.  It  is  not  every 
Kovernor  who  has  sufficient  strength  of  minil  to  enable  him  to  resist  the  temp- 
tation the  occasion  throws  in  his  way  of  uttering  half  a  column  of  wise  saw 
and  modem  instance  advice ;  and  the  fact  that  the  premises  on  which  this 
ruunscl  is  based  are  erroneous,  or  rather  that  the  necessity  urged  for  its  utter- 
iiuce  is  imaginary,  but  renders  its  promulgation  the  more  innocuous.  Tlie 
letter  is  a  very  mild  letter,  and  in  its  tenor  pointless  and  Pickwickian  as  could 
lie  desired.  If  all  Governor  McDougal's  ollieial  and  uaothcial  acts  are  ns  in- 
nocent as  this  epistle,  he  will  go  out  of  otiico  a  very  jiopuliir  governor  indeed. 
Tiio  governor,  liowever,  us  we  have  said,  falls  into  a  grave  mistake,  lie 
JiUeges  that  apprehensions  are  entertained  of  a  collision  between  the  consti- 
tuted authorities  and  the  citizens,  and  declares  his  suggestions  are  thi'owa 
out  with  the  view  of  averting  this  calamity.  We  assure  tlje  governor  tiiat 
•siieh  apprehensions  are  wholly  groundless,  and  the  authorities,  if  tliey  enter- 
t.iiu  them,  may  set  themselves  entirely  ut  rest  as  to  tiie  oceuneneo  uf  sueli  a 
eatastrophe.  Tlie  Vigilance  Conunittee  have  avoided  it  from  tiie  commence- 
nu'ut.  Tliey  have  treated  the  writs  and  other  i)rocess  of  tlie  courts  with 
I  milked  respect  and  deference.    The  officers  of  the  law  have  been  received 


334 


VIGILANCE  ADIkriNISTRATION  OPPOSED. 


if' ' 


at  the  committee  rooms  with  signal  courtesy,  and  no  interference  has  been 
attempted  with  the  culprits  already  in  the  hands  of  the  judges.  If  any  eflfort 
haa  been  made  to  produce  a  collision  it  has  not  been  made  by  the  Committee, 
and  should  any  yet  be  made  and  be  aucessful,  it  will  be  without  their  instru- 
mentality. But  of  such  a  result  there  is  not  the  slightest  probability,  and 
indeed  scarcely  a  possibility.  The  moderation  which  has  hitherto  character- 
ized the  course  of  the  Committee  will  still  mark  their  progress  to  the  end. 
Their  prudence  in  the  past  is  the  strongest  guaranty  for  their  prudence  in  the 
future,  and  the  band  of  criminals  which  infested  our  coimnunity  being  ut 
length  broken  up,  the  functions  of  the  Committee  will  by  degrees  assume  the 
character  not  only  of  a  detective  police  but  also  of  an  organized  censorship 
of  the  courts.  We  cannot  believe,  then,  that  the  authorities  will  seek  a  col- 
lision with  the  Committee,  as  there  will  be  no  pretext  for  such  a  course ;  and 
both  parties  strenuously  avoiding  it,  the  governor  will  see  that  there  exists 
absolutely  no  necessity  for  his  suggestions.  It  is  needless,  therefore,  to  go  into 
the  merits  of  his  advice.  One  impression  of  the  governor  we  desire  to  set 
right.  He  says  there  is  every  reason  to  believe  the  judges  are  ready  and 
anxious  to  discharge  the  high  duty  imposed  on  them  by  the  people.  This  \h 
but  partially  correct.  The  community  have  every  confidence  in  Judge  Camp- 
bell; they  have  none  at  all  in  Judge  Parsons,  and  so  of  others.  Let  tlm 
obnoxious  judges  resign  the  trust  they  have  abused,  and  there  will  be  no  ne- 
cessity thereafter  of  executive  pronunciamentos  to  uphold  the  dignity  of  the 
bench." 


'  fi^  I 


CHAPTER  XXII. 


WHITTAKER  AND   McKENZIE. 

"Arcades  ambo,"  id  eat,  blackguards  both. 

Byron. 

Hetherinoton,  in  his  evidence  at  the  trial  of  Stuart, 
gave  one  Sam  Whittaker  the  credit  of  being  the 
smartest  thief  in  the  gang.  He  had  been  transported 
for  life  in  183(5,  and  sent  from  England  to  Sydney, 
there  to  figure  as  a  gentleman  and  prince  among  the 
convicts.  However  proud  Whittaker  may  have  been 
of  his  talents  among  friends,  he  did  not  relish  tlicir 
discussion  before  the  rogue-exterminators,  with  a 
manacled  comrade  doomed  to  death  standing  by  to 
give  particulars.  So  he  thought  best  to  take  a  trip 
down  the  coast.  Assuring  the  delectable  Mrs  Hogan 
that  he  would  meet  her  at  San  Diego,  h(^  started  on 
liis  journey  by  land.  But  the  vigilants  were  soon  on 
liis  track,  and  the  authorities  along  the  route  had 
warning  of  his  approach;  he  thereupon  changed  his 
tactics  and  went  north,  to  throw  them  off  the  scent, 
still  determined,  however,  when  once  he  had  baffled 
thorn,  to  proceed  southward.  His  movements  were 
i'ollowed,  and  McDuffie  and  others  were  appointed  a 
conunittee  to  go  in  search  of  him.  They  went  first 
to  Stockton,  and  thence  to  Chinese  Camp.  They 
scoured  the  country  round  Jamestown,  Ceorgetown, 
and  Shaw  Flat,  hearing  of  liim  occasionallv  but  with- 
out  further  success.  From  the  Stockton  Conunittee 
of  Vigilance  they  took  a  letter  to  the  Vigilance  Com- 
mittee of  Sonora,  where  every  facility  and  encourage- 

[335] 


336 


WHITTAKER  AND  McKENZIE. 


ment  was  given  them.  Their  search,  however,  was 
fruitless,  and  they  returned  to  San  Francisco  and 
reported  to  the  executive  committee  the  19th  of 
July. 

All  the  while  the  game  was  in  the  neighbor- 
hood, eluding  search.  Hethcrington  was  right  in 
giving  AVliittaker  credit  for  ability.  It  was  a  most 
difficult  and  dangerous  feat,  that  of  flitting  from  place 
to  i)lacc  among  a  community  of  armed  miners,  every 
one  a  self-constituted  special  police.  But  Whittaker 
did  not  leave  Sacramento  until  the  29th  of  July. 
He  then  took  a  southerly  course,  and  all  went  well 
as  far  as  Santa  Barbara.  There  he  was  recog- 
nized, arrested,  and  sent  back  by  steamer  to  Sau 
Francisco. 

One  morning — it  was  the  11th  of  August — as 
James  C.  L.  Wadsworth  was  sitting  in  his  office,  in 
the  old  California  Exchange,  on  Kearny  street,  Joseph 
C.  Palmer,  of  Palmer,  Cook,  and  Company,  entered 
and  stated  that  Sheriff  Hearne  of  Santa  Barbara 
county  nad  a  moment  before  been  in  his  office,  mis- 
taking it  for  the  office  of  Colonel  Hays.  He  had 
brought  from  Santa  Bdrbara  a  jjrisoner  named  Whit- 
taker, whom  he  wished  to  deliver  to  the  sherift' 
of  San  Francisco  county.  Palmer  explained  to  him 
his  mistake,  directed  him  to  the  sheriff's  office,  and 
then  immediately  stepped  over  and  informed  Mr 
Wadsworth. 

Whittaker  was  then  on  board  the  steamer  Ohio, 
lying  at  Long  Wharf  Wadsworth  hurried  down,  and 
meeting  on  the  way  James  F.  (Jurti.s,  induced  him  to 
assist  in  taking  Hearne's  prisoner  to  the  Committee 
rooms.  Arrived  at  the  steamer  they  found  the  captain 
at  Ijrealdast. 

"  Captain,"  said  Wadsworth,  "you  have  Whittaker 
on  board." 

"  What's  that  to  you?"  growled  the  captain,  in 
aflable  ba,sso  profunda. 

"  We  want  him,"  said  Wadsworth,  significantly. 


BROUGHT  TO  BAY. 


337 


Ohk\ 
i\,  and 
jim  to 
luittoo 

iptaiu 

ttakcr 
iiu,  in 


"  Have  you  authority  to  take  him?"  grinned  the 
captain. 

"  Yes." 

"  Go  down  in  the  hold  and  get  him." 

Descending,  they  found  Whittaker  with  his  legs 
ironed. 

"  Get  up  and  come  with  us,"  said  Wadsworth. 

"Where  to?"  demanded  Whittaker. 

"  Up  town  to  a  safe  place,"  replied  Wadsworth. 

Whittaker  assented,  but  on  reaching  the  wharf  held 
back. 

"  Where  are  you  going?"  said  he. 

"Come  along;  it's  all  right,"  was  the  reply.  lie 
went  without  further  opposition,  hoping,  yet  fearful, 
and  was  marclied  straight  to  the  quarters  of  the  dread 
Committee  of  A'igilancc. 

When  Wadswoitli  returned  to  his  office  the  Santa 
Bdrbara  sheriff  was  there  awaiting  him.  Hearne  was 
neither  offended  nor  chagrined,  but  seemed  to  accept 
what  had  been  done  as  right  and  proper.  He  seemed 
only  concerned  about  ])ay  for  expenses  incurred  in 
bringing  up  the  criminal;  and  when  Wadsworth  told 
him  if  he  would  execute  a  writing  formally  delivering 
the  prisoner  into  the  hands  of  the  Vigilance  Com- 
mittee he  would  pay  the  amount,  Hearne  unhesi- 
tatingly did  so,  and  Wadsworth  immediately  paid  him 
the  money. 

On  the  next  page  is  given  a  fac-s'tmile  of  the  bill 
by  the  steamer  Ohio  for  the  passage  of  Hearne,  his 
deputy,  and  Whittaker. 

Another  old  offender,  Robert  McKenzie,  or  Mc- 
Kinney,  was  caught  and  incarcerated,  and  Mrs  Hogan 
was  made  to  attend  the  call  of  tlic  executive  com- 
mittee. McKenzie  and  Whittaker  both  made  confes- 
sions, each  unknown  to  the  other.  The  confession  of 
each  was  submitted  to  the  other,  and  both  to  Mrs 
Hogan ;  Stuart's  confession  was  likewise  submitted  to 
all,  and  all  were  verified.  McKenzie,  who  was  arrested 
at  Sacramento,  had  taken  part  in  the  Minturn  safe 


Pop.  Tbib.,  Vol.  I.    11 


338 


WHITTAKEB  AND  McKENZIE. 


THE  LAW  AROUSED. 


339 


robbery,  and  made  the  tour  of  Trinidad.  A  number 
of  persons  about  this  time  were  shipped  out  of  the 
country;  one  Otis,  a  horse-thief,  was  convicted  and 
hanged  by  the  people  at  ^lonterey. 

There  were  two  classes  of  the  Sydney  fraternity, 
representing  the  brain  and  muscle  powers  respectiv  cly. 
The  former  active,  bright,  and  shrewd,  skilful  in  plot- 
ting and  bold  in  executing;  in  conversation  intelligent, 
in  manner  affable,  and  in  dress  genteel.  These  were 
the  leaders.  Those  of  the  other  class  were  inferior 
and  born  to  obey.  The  former  were  gentlemen  forg- 
ers, highwaymen,  and  safe-robbers ;  the  latter  bruisers, 
slung-shot  strikers,  and  pick-pockets,  of  low  tastes  and 
brutal  demeanor.  To  all  these  liouieless  and  forlorn 
rascals  California  was  a  godsend;  a  worthy  land;  a 
country  fit  to  rob,  and — be  hanged  in! 

Whittaker,  like  Stuart,  belonged  to  the  knightly 
order  of  scoundrelism ;  McKenzie  was  base-born  and 
churlish.  Ryckman  says:  "McKenzie  I  took  to  be 
an  Irishman;  he  was  a  miserable  specimen;  a  mon- 
strous, cowardly  wretch.  Whittaker  was  as  brave  as 
Caesar;  lie  was  the  only  man  wliose  execution  I  re- 
gretted; he  exhibited  so  much  manliness  that  he  won 
my  admiration." 

The  Conunittee  now  besfan  to  surrender  its  criminals 
to  the  courts;  and  the  alacrity  with  which  the  law 
seized  its  prey  showed  present  hunger  and  fear  of 
famine,  while  the  new  life  infused  into  drv  bones  and 
the  rapidity  of  movements  under  the  stimulant  given 
1)V  the  Committee,  and  the  fear  of  ultimate  loss  of 
occupation,  was  wonderful  to  see.  Instance  the  case 
of  Jinnny-from-Town,  one  of  the  Stuart  brotherhood, 
surrendered  by  the  Vigilance  Committee  to  the  sheriff 
at  one  o'clock  on  the  morning  of  July  24t]i,  1851,  and 
by  eleven  o'clock  the  same  day  the  grand  jury  had 
found  an  indictment,  and  had  the  trial  fixed  for  the 
following  day. 

About  onr  o'clock  on  the  morning  of  July  21st 
Charles   Duane,   sometimes   called   Dutch   Charlev, 


.'t40 


WHITTAKER  AND  McKENZIE. 


Knight  of  tho  Bloody  Fist,  with  Ira  Cole,  his  squire, 
forced  his  way  into  a  dancing-room  on  Commercial 
street,  and  denoting  his  intention  to  kill  a  Mr  Ball, 
who  had  called  in  question  the  purity  of  the  shoulder- 
striker's  reputation  on  certain  occasions,  proceeded 
forthwith  to  attack  that  individual.  After  permitting 
the  man  of  injured  honor  to  knock  down  and  nearly 
kill  his  enemy,  the  company  finally  placed  him  under 
arrest.  He  was  tried  and  convicted  of  assault  with 
intent  to  kill.  But  was  he  punished?  This  was  an 
aggravating  case.  Duane  was  an  old  offender;  the 
assault  was  made  with  scarcely  any  provocation.  The 
desperado,  being  angry,  sought  the  shortest  way  to 
relief.  He  had  caused  the  community  and  the  Com- 
mittee much  trouble  at  various  times.  He  was  ar- 
rested and  tried;  objections  were  made  to  every 
member  of  the  Vigilance  Committee  summoned  to 
serve  as  juror. 

The  courts,  though  gladly  accepting  aid  from  the 
Committc  in  the  capture  of  criminals,  still  regarded 
its  members  more  in  the  light  of  outlaws  than  good 
citizens.  Convicted  at  a  term  of  the  court  of  sessions 
of  assault  with  intent  to  kill,  Duane  was  sentenced 
to  one  year's  imprisonment,  but  was  pardoned  by  the 
governor.  The  pardon  called  forth  several  adveise 
comments  from  the  press,  and  the  people  at  large 
were  disappointed.  "Qui  pardonne  aisement  invite 
a  I'offenser,"  says  Corneille.  But  little  cared  Mc- 
Dougal  for  abstract  principle.  Could  he  be  governor 
and  leave  a  friend  in  prison  ?  Says  the  Herald  of  the 
10th  of  September: 

"In  tho  law  intelligence  will  be  found  a  report  from  the  grand  jury,  pre- 
sented yesterday  to  the  court  of  sessions,  censuring  the  executive  for  the 
extension  of  a  pardon  to  Charles  Duane.  Although  we  do  not  hold  that  the 
governor  of  the  state  is  bound  on  every  occasion  to  vindicate  his  official  acts 
in  the  public  journals,  yet  as  Governor  McDougal  has  already,  in  one  instance, 
made  a  public  statement  in  justification  of  his  reprieve  of  Robinson,  we  think 
he  should,  in  justice  to  himself  as  well  as  to  evidence  his  respect  for  public 
opinion,  state  publicly  the  reasons  which  have  moved  him  to  this  exercise  of 
clemency,  and  the  names  of  the  citizens  who  signed  the  petition  for  this  man's 


PAYRAN  AND  RYCKMAN. 


n4i 


ivite 

iMc- 

trnor 

the 


discharge.  We  think  so,  because  there  is  a  strong  feeling  of  dissatisfaction 
in  the  public  mind  at  Duane's  liberation ;  and  in  proof  of  the  existence  of  this 
feeling  we  would  refer  the  governor  to  the  report  of  the  grand  jury.  This 
city  has  recently  passed  through  scenes  of  fearful  excitement ;  the  man  Duane 
committed  an  ofTence  which  brought  down  upon  him  the  intensest  popular  in- 
dignation. The  measure  of  his  punishment,  one  year's  imprisonment,  scarcely 
answered  the  requirements  of  this  indignation.  That  this  period  should  now 
be  shortened  by  the  interposition  of  a  pardon,  has  generated,  as  wo  have  said, 
a  feeling  of  deep  dissatisfaction. 

"God  forbid  we  should  l)e  supiwsed  desirous  of  interposing,  as  the  advocate 
of  unrelenting  justice,  Ixitwecn  the  active  exercise  of  humane  clenieucy  and 
the  man  hurried  by  passion  into  uncontrollable  excesses,  and  afterward  con- 
trite and  repentant  of  his  infraction  of  the  law. 

'The  qiinUty  of  merry  Is  not  titrntnnd; 
It  blcHKi'tli  him  that  p.ivea  nud  him  thut  takes; 
It  U  iin  ittti'ibiite  to  Ood  himself, 
And  earthly  powi  r  ilotli  then  tihow  likest  OtxVs 
When  raircy  Hcssons  Justleo.' 

"But  here  is  a  man  regarded  by  the  community  as  dangerous  to  its  peace, 
so  constituted  by  nature  as  to  be  imablo  to  curb  his  own  propensity  to  mis- 
chief, and  therefore  most  unfit  to  be  flung  into  an  inflammaljlo  society,  where 
even  the  voice  of  the  courts,  hitherto  tardy  in  administering  justice  to  tlic 
culprit,  has  adjudged  him  incapable,  witliout  evil  cousctjucnccs,  for  twelve 
months  at  least,  of  mingling  freely  with  his  fellow-citizens. 

"The  grand  jury  in  their  report  say  th.at  'the  late  act  of  the  executive  of 
this  state  in  pardoning  a  certain  criminal  after  ho  had  been  tried  and  convicted 
of  a  wanton  assault  on  a  citizen,  whose  only  offence  connisted  in  a  desire  to 
discharge  l.'.s  duty  to  the  public,  is  such  a  monstrous  abuse  of  the  pardoning 
power  as  to  cause  serious  alann.  If  the  prisons  arc  to  bo  tlirown  open  at  the 
will  of  the  executive  to  men  of  such  character,  the  judgment  of  the  courts, 
while  acting  in  behalf  of  tlio  people,  will  be  set  at  defiance ;  all  protection  to 
unoffending  and  peaceable  citizens  will  be  withdrawn,  and  grand  and  petit 
jurymen  will  have  to  protect  themselves,  not  by  the  laws  of  the  state,  but  by 
force  of  arms.'  When  asked  to  give  the  names  signed  to  the  pardon  the 
governor  declined." 

When  Whittakcr  was  brought  into  the  Committee 
room,  Payran  as  usual  began  to  examine.  But  tlie 
arch-inquisitor  on  this  occasion  was  evidently  not  in 
liis  usual  happy  catechetical  mood.  The  bloody 
l)rothers,  as  against  the  world,  were  most  lovingly 
united;  but  among  themselves  they  enjoyed  their  own 
little  infelicities.  Suh  rosa,  Mr  Payran  was  not  in 
possession  of  his  full  magnetic  powers  that  day.  Ap- 
jilying  the  loadstone  of  his  wit  to  the  porcelain  surface 


34-J 


WHITTAKER  AND  McKENZIE. 


1 11 1  I 


of  the  versatile  Whittakcr,  no  sediments  of  sin  ad- 
hered to  it.  A  short,  hollow  negative  was  the  only 
reply  he  received  to  every  question.  To  threats  he 
was  as  imperious  as  a  steel-clad  warrior  to  a  shower  of 
feathers.  Finally  Ryckman  took  the  impotent  inquis- 
itor aside  and  said:  "Payran,  this  won't  do.  That  is 
no  way  to  examine  this  man.  You  cannot  intimidate 
him.  Do  you  not  see  that  he  is  strongrwilled,  fearless, 
and  of  iron  nerves?" 

"Well,"  replied  Payran,  "examine  him  yourself,  if 
you  like." 

"Very  well,"  exclaimed  Ryckman,  "I  will  do  it.  I 
think  I  know  more  of  human  nature  than  you  do — 
to-day,  at  all  events." 

These  sociot3'-woeders,  some  of  them,  entertained 
no  mean  opinion  of  themselves.  With  experience  and 
power  eamo  pride  of  opinion,  in  which  garb  they  did 
not  always  appear  to  their  best  advantage.  Ryckman 
took  a  seat  beside  Whittaker  and  began : 

"  What  is  your  nationality  { ' 

"  1  am  an  Englishman." 

"  Have  you  a  father  living?" 

"Yes." 

"A  mother?"  ' 

"Yes." 

"Any  sisters?" 

"  Two,"  said  the  poor  fellow,  already  softening. 

"  Whittaker,"  said  Ryckman,  earnestly,  "what  must 
be  the  feelings  of  your  father,  mother,  sisters,  when 
they  learn  of  the  awful  acts  and  end  of  one  they  love : 
con\ictcd  and  executed  lor  infamous  crimes  in  a  for- 
eign land?    Think  of  it — misery,  disgrace,  death!" 

"0  God!"  he  cried,  as  if  now,  with  the  tears  that 
began  to  flow,  his  soul  was  wrenched  from  its  fixed- 
ness in  sin,  "I  have  been  bad,  very  bad;  but  let  me 
tell  you  about  it." 

"Stop,"  said  Ryckman.  "Listen  to  me.  Do  not 
make  any  confession  with  the  expectation  that  it  will 
mitigate  the  least  your  punishment  if  you  are  found 


THE  HEART  OF  VILLAINY. 


MX 


fuilty.  I  feel  for  you,  but  feeling  and  duty  I  divorced 
efore  entering  upon  this  mission.  I  will  leave  you 
now  and  return  in  an  hour." 

Ryckman  sent  him  a  mug  of  ale;  then  he  took  a 
position  at  an  aperture  in  the  partition  where  he  could 
watch  him  unoLserved.  The  prisoner  seemed  much 
disturbed,  and  at  times  apparently  suffered  great 
agony  of  mind.  Solitude  seemed  unendurable  to  him. 
Long  before  the  hour  had  expired,  the  door-keeper 
appeared. 

"Whittaker  says  he  must  sec  you." 

"What  is  the  matter,  Whittaker?"  asked  Ryckman 
as  he  entered  the  room. 

"  Mr  Ryckman,"  he  exclaimed,  "you  arc  the  first 
man  who  has  ever  touched  my  heart.  The  world  has 
hunted  me  as  if  I  were  a  UKMistor;  you  alone  have 
spoken  to  me  as  to  a  human  being.  I  mu.st  make  a 
confession  to  you;  if  not,  I  shall  burst." 

This  man  and  McKenzie  were  tried  by  the  Com- 
mittee in  the  usual  way.  But  the  great  ulcer  having 
been  opened  through  the  medium  of  the  arch-thief 
Stuart,  the  later  trials  were  void  of  interest  or  ex- 
citement. The  confessions  are  woithy  of  perusal  by 
those  who  care  to  know  the  character  and  course  of 
criminality  in  those  days.  What  Whittak<  i-  says 
of  himself  runs  essentially  as  follows: 


me 

not 

will 

l^ound 


"I  left  Sydney  about  two  years  ago  by  the  ship  Louisa,  Captain  Malor;  I 
arrived  in  Sau  Francisco  in  August,  1849;  I  got  my  freedom  from  Governor 
Fitzroy;  it  was  a  conditional  pardon.  The  first  business  I  began  in  San 
Francisco  was  as  steward  in  a  public  house  kept  by  Cocksteiii,  on  Broadway; 
I  W!is  in  his  employ  about  three  months.  After  leaving  him  I  bought  u  horse, 
cart,  and  boat;  employed  men  to  work  the  team  and  bojit  for  two  months. 
Then  I  went  to  butchering  in  Happy  Valley,  and  carried  it  on  for  a  year ; 
afterward  kept  a  public  house  on  Jaekson  street,  near  Sansome,  known  aa  the; 
Port  Philip  House,  with  McConnick ;  I  gave  it  up  at  the  end  of  two  month.s. 

"  My  name  of  Samuel  Whittaker  is  assumed ;  it  is  the  mune  under  which  1 
was  transported.  I  desire  to  suppress  my  real  name  for  family  eonsideration.s, 
and  as  an  act  of  humanity.  I  liegan  my  career  of  crime  in  San  Francisco  at 
the  time  I  formed  my  connection  with  McCormick  in  keeping  the  Port  Philii> 
House.  Before  this,  while  butchering,  I  used  to  ride  my  horse  two  or  three 
times  a  week  to  the  Mission  Dolores  to  purchase  cattle.    Sancliez  ofifered  ma 


.m 


WHITTAKER  AND  McKEXZIE. 


a  splekdid  marc  at  one  liundrcd  and  fifty  dollars,  which  I  refused  to  buy  on 
account  of  price.  Jamca  Curry  came  to  me  and  said  the  mare  was  his.  Finally 
I  bought  the  mare,  saddle,  and  bridle  for  one  hundred  dollars,  and  Curry  came 
in  with  me.  I  paid  him,  taking  a  receipt  for  the  some,  then  rode  the  mare 
around;  while  doing  so  a  man  8toppe<l  mo  and  said  the  mare  belonged  to 
Dutch  Charley,  was  stolen,  and  had  been  advertised.  Finding  this  true  I  gave 
tip  the  marc  and  looked  for  Curry;  found  him,  altered  in  dress,  about  to  leave 
town.  I  took  him  to  EUeard'a,  and  there  charged  him  with  stealing  the  mare 
and  demanded  my  money  Imck ;  lie  gave  me  sixty  dollars.  Then  I  took  him 
t<>  Dutch  Charley;  Charley  knocked  him  down  and  took  him  to  the  station- 
house.  The  sixty  dollars  wns  taken  from  me,  to  bo  handed  back  after  the 
trial. 

"  I  was  summoned ;  attendoil  court;  the  trial  did  not  come  off.  Jack  Hay.s 
put  me  on  a  jury  to  try  a  man  charged  with  stealing  a  pistol;  wo  found  liini 
guilty,  and  he  was  sentenced  to  two  years'  imprisonment  for  this  trifling 
offence.  Court  adjourned ;  I  was  again  summoned  to  attend  court.  I  did  so. 
Curry  hatl  been  let  off ;  his  case  was  never  tried.  I  demanded  my  money; 
tlio  ofHcials  asked  mo  how  long  since  I  had  given  it  up,  I  said  about  sixty 
days;  they  laughed,  and  said  it  was  lost  in  half  that  time.  I  mention  this 
to  show  how  justice  is  administered  here.  It  seemed  to  mo  that  a  thief  had  u 
better  chance  tliau  an  lioucst  num.  This  took  place  in  Levi  Parsons'  court, 
■who  was  the  judge. 

"The  lirst  crime  of  wliicli  I  was  guilty  was  that  of  robbing  a  bear- 
hunter,  named  V'yse,  the  other  side  of  the  Mission.  In  that  matter  McCor- 
uiick,  McKenzie,  Osman,  Morris  Morgan,  and  two  Kings,  were  engaged.  I 
knew  the  bear-hunter,  and  McKcnxie  also  knew  him.  McKenzio  took  the 
man  into  anotlier  room;  Morgan  carried  off  the  money,  nine  hundred  dol- 
lars or  thereabout.  When  the  bear-liuntoi-  came  )>ack  to  the  room  ho  found 
he  liad  been  robbed ;  wc  professed  we  knew  nothing  alx)ut  it.  Tho  money 
was  carried  to  King's  house,  comer  of  Broadway  and  Montgomcrj'  streets; 
but  in  coming  into  town  one  of  the  party  stole  six  hundrc<l  dollars ;  when 
tlic  balance,  three  hundred  dollars,  was  divided  among  us  wc  only  got 
thirty-five  dollars  each.  The  money  taken  from  Vyse  belonged  to  Kelly  tlu' 
lighting  man ;  shortly  after  McKenzio  went  to  Sacramento  and  told  Kelly 
who  it  was  that  robbed  him.  Kelly  came  down  fiom  Sacramento  on  this 
information,  and  had  McCormick  arrested  and  put  in  jail;  I  was  then  at 
Monterey.  They  threatened  to  lynch  McCormick,  anil  got  from  him  some  in- 
strument by  which  they  sold  out  tho  Port  Philip  House  to  reimburse  tho 
loss.  After  this  I  went  down  to  Monterey  with  Briggs  and  Osn'an;  while 
I  was  there  T.  Belcher  Kay  came  down;  Osman,  Kay,  and  I  \\  ,nt  to  San 
.Jo.st5 ;  there  Kay  ha.l  the  delirium  tremens.  Osman  went  to  San  Francisco, 
where  he  met  McCarty  and  Mclntyre,  who  told  him  to  bring  Jim  Briggs, 
Morgan,  and  me  from  Monterey,  as  they  had  a  house  to  do  that  would  yield 
forty  thousand  dollars.  Wc  all  went  to  San  Francisco;  I  went  in  the  Ooliah; 
after  receiving  information  as  to  which  house  it  was,  we  all  went  to  look  at 
it.  Finding  that  Jimmy-from-Town  was  engaged,  I  refused  to  have  anything 
to  do  with  it ;  Morgan  and  Briggs  also  refused.  I  think  the  house  was  that  of 
•SchlosB  Brothers;  it  was  nearly  opposite  the  old  custom-house.     At  this 


SOMETHING  OF  BURDUE. 


345 


time  T.  Belcher  Kay  was  intorosted  in  arranging  the  robbery  of  the  jewelry 
establishment  and  other  places. 

"After  this  wo  arrunged  the  robbery  of  Jansen's  establishment;  J.uisen 
lived  next  door  to  me.  Many  persons  from  the  colonies  frequented  my 
house,  and  on  learning  that  the  country  generally  wanted  sovereigns  Janscn 
told  mo  that  he  usually  had  them,  thnt  ho  would  bo  glad  to  sell  them,  and 
would  bo  obliged  to  me  to  take  them.  Morgan  went  with  me  into  Jansen's 
to  buy  somo  sovereigns;  this  first  gavo  rise  to  the  suspicion  that  Janscn 
had  a  largo  amount  of  money.  Jansen  was  about  to  move ;  Stuart,  Edwards, 
McCormick,  and  I  planned  this  method  of  robbing  him:  one  of  tliu  party 
slipped  a  linciiyh:  uat  of  the  axle  of  the  cart,  on  which  the  trunk  contain- 
ing tho  money  was  to  bo  carried,  expecting  that  by  so  doing  the  wheel  would 
como  off,  and  on  its  falling  wo  would  seize  the  trunk.  Tho  cart  was  loaded ; 
Jansen's  clerk  sat  on  the  trunk  with  a  candle  in  his  hand ;  tho  linchpin  was 
palled  out,  but  tho  wheel  did  not  como  oflf,  and  we  were  disappointed.  Some 
tinio  afterwttitl,  Stuart,  Brings,  Edwards,  McCormick,  Kay,  Hughes,  Morgan, 
and  I  planned  tho  robben'  of  Janscn  again,  when  wo  ha<l  better  success. 

"  Wliilo  at  tho  Port  Philip  House  a  man  came  in  and  a.sked  me  to  trust  him 
for  something  to  drink;  I  told  him  no,  but  I  would  give  him  a  gluss  of  grog; 
lie  drank  tho  liquor,  after  which  ho  said  to  me,  *  You  arc  a  iluinued  clever 
fellow,'  and  gavo  mo  three  hundred  dollars  to  keep  for  him.  Afterward  lie 
called  for  tho  money;  ho  was  inebrifvted  when  I  gavo  it  to  him.  There  was  a 
man  present  whose  namo  can  bo  found  on  tho  records,  but  which  I  forget, 
who  roblxjtl  tho  other  fellow  of  his  money  and  cleared  out ;  on  tlic  Sunday 
night  following  he  camu  back  to  tho  house ;  I  Kpoko  to  him  about  the  moni'y 
he  had  tiiken  from  the  man,  and  asked  him  '  Whei-o  is  my  share?'  Ho  told 
1110  that  he  had  left  my  part  of  it  in  the  man's  pocket  for  me  to  };et.  I  saiil, 
'  You  wait  until  McCormick  comes  in.'  However  ho  and  another  man  closed 
upon  mc.  I  knocked  them  down  and  broke  tho  jaw  of  one  in  three  {ilacrs. 
Tic  prosecuted  mo  for  assault  and  battery.  I  was  arrested,  and  employe  d 
Mr  Wells;  tho  case  was  tried;  I  was  fined  ono  hundred  dollar i,  ordercil  1,0 
pay  the  doctor's  bills,  and  to  be  imprisoned  ten  days  on  the  pri;;on  brig.  I 
had  paid  ^Vclls  one  hundred  dollars  counsel  fee;  I  told  him  and  'i'llfor-l  also 
that  it  was  inconvenient  for  me  to  leave  my  business,  and  that  I  should  like 
to  compromise.  Wells  said  it  could  be  compromised  for  two  hundred  and 
thirty  dollars,  which  amount  I  paid.  I  xtato  this  case,  also,  to  show  tho 
manner  in  which  tho  laws  arc  administered,  and  the  corruption.  H  it  had 
not  been  for  the  manner  in  which  I  had  been  treated,  and  had  seen  others 
treated,  I  should  not  no'A'  bo  here. 

"Tho  next  matter  in  which  I  was  interested  and  will  bring  Ijcforo  you, 
was  that  of  Windred  and  Burduc.  They  were  tried  for  having  robbed  .lansen, 
ami  convicted,  but  they  hail  nothing  to  do  with  it.  I  exerted  myself  vtiy 
much  to  save  them;  I  told  Parburt  they  were  innocent,  but  did  not  tell  him 
w  ho  were  guilty.  I  had  a  long  argument  with  Mr  Theodore  Payne  alxiut  it. 
Stuart,  and  indeed  nil  engaged  in  the  Jansen  robbery,  and  many  others,  de- 
clared their  intention  to  bum  the  city  in  case  Windred  and  Burduc  were 
executed;  it  was  to  bo  fired  at  night  in  four  or  five  dift'erent  j)lace8.  It  was 
tlie  only  time  that  I  over  heard  the  colonial  i>cople  speak  of  burning  tho  city. 


948 


WHITTAKER  AXD  McKENZIE. 


"The  next  robbery  planned  by  us  was  that  of  C.  Mintum.  Kay  planned 
this.  Stuart  was  with  lis.  I  was  not  interested  in  the  robbery  of  tlie  Hhip 
Janiet  I'ankft.  Wo  tried  to  rob  Macondray's  store,  but  it  fell  througi>.  Kay 
put  up  that  job. 

"Kuy  also  put  up  a  jewelry  establishment  in  a  brick  building  on  Sacra- 
mento street.  I  went  through  the  premises  and  examined  them,  but  declined 
doing  it,  on  the  ground  that  to  effect  the  robbery  it  would  be  necessary  to 
murder  pcrliaps  four  or  five  persons.  Kay  is  an  ignorant  man ;  he  can  scarcely 
read  or  write ;  his  real  name  is  Gibson. 

"  McCoruiick,  :^tuart,  and  I  went  together  to  shoot  a  man  by  the  name  of 
OTlalierty,  who  liad  testified  in  court  that  McComiick  had  robbed  him  in 
the  colonies ;  ho  was  going  to  shoot  him  for  it.  It  was  a  moonlight  night;  I 
said  to  AlcCormiek  that  it  was  too  light,  and  that  it  would  bo  better  to  wait 
until  some  other  time ;  so  he  gave  it  up.  I  did  this  to  save  the  man.  O'Flalieity 
lived  then  in  llryant  place.  Since  the  May  fire  Jack  Aneutruo  met  »jio  on 
tho  street;  ho  had  frecjucntly  been  told  that  I  was  a  vt^ry  clever  fellow; 
AiTentnic  lias  been  after  nio  many  times,  and  ixiiuted  out  sevenil  places  tu 
mo;  I  never  would  engage  in  anything  with  him;  he  took  niedownandiiitni- 
duced  me  to  a  man  by  the  name  of  Earl.  We  drank  together  and  then  went 
down  to  the  custom -house;  Arrentrue  described  it  to  nie;  said  there  was 
eight  hundred  dollars  there;  we  looked  at  tlie  drain.  Then  we  went  to  the 
other  custom-house :  he  t(xik  me  inside ;  we  lcK)ked  at  the  safe  or  vault  tliat 
was  building;  Earl  proposed  renting  the  houses  nextdoor  to  the  customdiouso 
and  opening  an  architect's  oilicc  in  it,  ami  getting  Watkins,  and  we  could  rob 
till'  building  from  his  ollice.  This  was  (iracticable ;  we  went  to  uee  W'atkius. 
Our  plan,  however,  was  not  accomplished. 

"  Arrentrue  and  Earl  proposed  to  mo  to  rob  the  El  Dorado;  tlicy  urged 
that  the  interest  they  had  with  tho  authorities  woidd  cover  our  operations. 
I  had  got  sick  of  all  such  work,  and  made  up  my  mind  to  leave  oil",  and  took 
no  further  notice  of  it.  Arrentrue  and  liarl  used  frequently  to  conjc  to  my 
phu'i-  at  Mr  llogan's,  juid  dine  with  nie  .nul  play  cards.  I'^arl  showed  me  a 
pair  of  calipers  tiiat  he  had,  and  told  me  tliey  were  very  useful.  Marl  tuld 
me  what  a  very  clei'er  thing  lie  had  since  done  with  the  calipora.  He  said 
that  he  o|)eiied  a  door,  went  into  a  man's  room,  took  the  money  from  under 
his  head,  went  out,  relock-Ml  the  dooi ,  and  it  was  never  discovered. 

"1  wan  at  Marysville  at  the  time  of  the  Juno  firo  in  San  Fiuncisco,  but 
came  down  immediately.  I  lived  with  Mrs  Hogan  as  her  husband  for  four 
months,  during  her  lnmlwnd's  aliseiicc.  I  knew  her  in  the  colouit's.  1  have 
lieard  it  said  that  Mrs  Hogan  had  lieen  transported.  I  told  Mrs  Hogan  about 
Arrentrue  and  Earl's  jiroposition ;  sh*'  imagined  that  I  was  engaged  in  rob- 
bery. To  do  Mi-s  Hogan  justice,  I  must  say  she  has  done  all  in  her  power  to 
break  up  my  associations  imd  to  make  me  load  a  dill'erent  life.  I  paid  her 
twenty  dollars  a  week  for  my  board;  I  also  gave  her  many  presents,  about 
twenty-five  hundred  dollars  in  all.  Mrs  Hogan  knew  all  the  men  that  I  have 
mentioned;  they  used  to  freipient  her  house.  1  was  in  no  business.  I  derived 
tho  money  thus:  I  won  seven  hundred  doll,  rs  from  Stuart  at  montc,  ami  i 
hatl  fourteen  or  .seventeen  hundred  dollars  by  me  that  1  hail  saved  while  I  was 
a  butcher. 


CONDENSED  CATALOGUE  OF  CRIMES. 


847 


for  four 
<.  llmv.' 
ban  uhout 
tl  ill  vol'- 

power  to 

paid  Ik'<' 
its,  alMiut 
tat  I  luivo 

Idcrivcil 
Ltc,  anil  I 
liile  I  wiia 


"  Oeorgo  Adams,  McCorraick,  Hughes,  and  McRenzie  robbed  Duzozo  on 
Sacramento  street,  below  Kearny ;  it  was  on  the  south  side,  and  was  early  in 
the  evening  in  September  or  October ;  it  is  said  they  got  about  fifteen  thousand 
doUai's.    I  was  absent  at  the  time. 

"I  won  of  Hotheringtou's  companion  six  hundred  dollars;  hin  name  was 
Dun;  I  wou  at  thimbles.  Edwards  and  myself  had  been  associated;  Jones, 
who  had  made  his  escape  f  i-om  Marysville  prison,  wanted  a  share  of  it.  As 
Edwards,  liong  Charlie,  ami  I  had  won  it  together,  I  objected ;  a  man  by  tlio 
name  of  (iallagher  took  up  the  matter  for  Jones,  and  went  to  my  bedroom  at 
Mi-s  Hogan's  on  tiptoe,  with  n  drawn  tlagger,  to  look  for  mo.  Mrs  II(jgaii  told 
him  I  was  not  there;  there  was  considerable  talk  about  his  going  around 
trying  to  kill  me.  A  day  or  two  after  Gallagher  was  found  dead  on  the  street  by 
Edwards'  house;  T  think  that  Gallagher  knew  too  much  aljout  Ivlwaids'  Lusi- 
ness,  and  for  th.it  reason  Edwards  poisonud  Mr.i.  I  wu.s  at  the  Mission,  at  Dr 
Lambert's,  at  the  timu  Gallagher  was  lookii!;;  lor  me.  Mrs  Hoguti  came  to  mo 
with  a  letter  from  ,hulgu  IJowie  to  take  to  Monterey;  it  contained  certificates 
of  money  that  liriggs,  Morgan,  and  Osmaii  have  iu  the  banks  of  San  I'ran- 
lisco;  I  deli\<'red  up  the  documents  to  Parburt.  The  Monterey  trial  came  on 
tliat  week;  Stuart  was  there;  I  think  he  came  «lown  to  shoot  mo  either  for 
my  money  or  for  jenlousj'.  I  knew  all  about  the  robbery  at  Monterey;  I 
loaned  Osinan,  IJriggs,  and  Morgan  one  tliousand  tlollars.  Ouick  put  up  tlio 
Monterey  cnstom-housc  for  robbery;  Uyan  was  one  of  the  party,  and  tlie  only 
ono  wlio  received  any  benefit.  I  .as  not  interested  in  any  of  the  robberies  of 
the  jewelers;  McCormick  told  mc  of  the  roblieries.  I  believe,  if  you  keep 
([uiet  and  do  not  publish,  that  tlio  jewelry  will  be  recovered.  Osmau  bought  it 
tor  six  hundred  dollars,  and  I  do  not  Ih-'Huvo  ho  has  sold  it  yet. 

"  I  gave  Mrs  Ib/gan  twenty-one  ounces  in  gold  for  my  l>oard  at  on  time ; 
I  liiid  loaned  that  amount  to  (>;<iiian,  and  he  returned  it.  Tin?  l;ist  money  [ 
got  was  twelve  hundred  dollars,  which  I  gave  to  Mrs  Hogan.  This  is  the 
\v;iy  1  got  it:  There  was  ii  miner  canio  into  Mrs  Ifogan'a  Ikmihc,  on  Sansimio 
street;  Kay,  l''d\vauis,  and  I  were  there  at  the  time.  The  miiur  laid  ilown 
ii  large  bag  of  gold ;  Edwards  ami  I  took  the  mone}-  out;  I  secreted  !iiiollier 
liiig.  I'Mwardsaml  rfeCormick  took  the  miner  olF;  he  had  live  or  six  hundred 
ilrllars!  more,  which  they  eot  away  from  him.  1  tv)ok  tlio  bag  eontaining  seven 
hundred  dollars  ar  '  •  ividod  it  with  ]\.ay  and  Edwards,  giving  them  each 
two  hundred  dolhj's,  and  keeping  three  hundred  for  my-self.  Thu  ether  bag, 
lontaining  e.^lit  lunnlied  dollar:-,  I  did  n)t  ilivide,  as  they  gave  mo  no  shaio 
of  the  money  that  had  been  taken  from  the  miner.  The  whole  amount  I  gave 
to  Mrs  Ifogan;  she  knew  how  I  got  it;  she  knew  vo  were  treating  him  to 
cliiinipagno  in  order  to  ell'ect  this  purpose.  !  told  her  what  our  plans  were. 
I  also  gave  her  about  three  hundreil  dollars  which  I  won  at  gambling  with 
Pan ;  and  the  same  amount  paid  mo  by  Ihiggs  of  the  money  1  had  loaned  him 
I  uave  Mrs  llogan.  1  exchanged  watches  with  her;  mine  was  the  must 
valuable.     I  also  gave  her  u  diamond  ring. 

"T.  B.  Kay,  when  port-warden,  took  McConnick  on  board  a  man-of-war 
in  the  harbor;  the  captain  iwssesscd  a  very  valuable  gold  lever  watch  with  a 
snake  chain.  While  the  olhcer  was  asleep  McCormick  htole  the  watch ;.  ho 
carried  it  with  him  when  he  went  to  London;  I  have  no  doubt  it  might  ba 


348 


WHITTAKER  AND  McKENZIE. 


recovered.  Kay  knew  that  McConnick  had  taken  it;  he  afterward  was 
Bony  aboat  it,  as  the  captain  said  he  wouldn't  have  taken  one  thousand 
dv^llars  for  it,  as  it  was  a  present  from  his  father.  If  the  C!onunittee  write  to 
Dan  Forrester  of  London,  or  to  the  chief  of  police  in  Manchester,  they  will 
send  McConnick  and  the  watch  back  again. 

' '  Old  Jack,  aiiaa  Morris  Morgan,  told  me  that  Hughes  did  it  with  two  flats — 
robbed  the  Dupont-street  jewelry  store ;  Hughes  was  apprehended  for  it  and 
acquitted.  I  don't  know  where  he  is ;  he  may  have  gone  out  of  the  country. 
I  was  told  that  he  took  away  all  of  that  jewelry.  One  night  it  was  stated 
that  some  of  the  Vigilance  Committee  met  him ;  Old  Jack  knocked  them  down 
and  jumped  a  fence.  In  doing  so  he  said  he  lost  some  of  the  jewelry ;  amongat 
it  was  a  small  watch,  wliich  was  found  in  a  hat  next  morning.  Hetherington 
and  I  were  at  Mrs  Hogan'a  at  the  same  time.  Hetherington  told  me  that  his 
partner,  Antone,  was  a  passionate  man ;  he  killed  two  men ;  I  saw  him  kill 
one ;  it  was  at  the  corner  of  the  El  Dorado,  at  night  and  in  a  crowd ;  the 
dagger  stuck  so  fast  that  in  drawing  it  out  it  pulled  the  man  over.  Two  men 
were  arrested,  but  nothing  was  made  of  it;  Antone  was  never  suspected. 

"Stuart  and  George  Smith  told  me  that  they  shot  a  man  on  the  Stockton 
road ;  the  man  had  considerable  money.  Ho  ran  toward  the  house  after  he 
was  shot,  and  died  nearly  as  soon  as  he  had  entered. 

"I  never  knew  of  any  one  setting  a  place  on  fire  in  San  Francisco  except 
Billy  Sweetclieese,  whose  real  name  is  Shears.  I  heard  that  he  set  the  United 
States  on  firo  on  the  Pla^a  at  the  time  it  was  vacant.  This  is  merely  rumor. 
After  robbing  the  miner  alluded  to,  at  Mrs  Hogan's,  we  met  McCarty,  the 
policeman  who  was  always  ready  to  lielp  us.  I  j^ave  McCarty  three  ounces, 
one  each  for  Edwards,  Kay,  and  myself.  I  told  McCarty  that  McConnick  had 
got  sonic  five  hundred  dollars,  and  he  must  get  some  out  of  him  too.  Brown, 
in  the  police,  was  the  man  who  did  the  dirty  work  for  policemen  McCarty  and 
Mclntyre. 

"Billy  Hughes,  John  Edwards,  and  Morris  Morgan  are  runaway  con- 
^■ict^,  Thoy  came  from  Van  Dieman  Land.  There  is  no  comparison  be- 
tween the  convicts  from  Sydney  and  Van  Dieman  Land.  The  latter  are  so 
bad  they  would  not  allow  them  to  coem  into  Sydney. 

"  I  got  Windred  away  when  he  was  under  arrest  with  Burdue.  I  went 
to  the  new  jail  with  Windred 'a  wife  and  Mrs  Hoguu;  I  sent  the  key  in; 
^^)m  Byrnes',  the  man  you  sent  to  Sydney,  came  to  my  house  and  said  that 
Windred  was  out;  I  got  up  and  went  down  to  the  wharf  at  Pacific  streot ; 
( tcorge  Adams  and  Windred  were  there ;  I  told  Adams  to  go  away  by  himself. 
1  tool;  Windred  to  a  stable,  got  horses,  and  took  him  to  l)r  Lambert's,  where 
he  stayed  for  two  weeks ;  I  paid  his  board.  Dr  Lambert  is  a  man  from  thi; 
i;olonies.  At  the  end  of  that  time  I  engaged  passage  for  Wimlreil,  and  up- 
pointed  a  night  to  put  him  on  board.  1  told  Kitchen  to  stand  by  with  bin 
boat,  that  I  had  a  miui  to  put  on  board.  I  gave  Windred  my  old  cap,  ami 
bought  a  new  one  for  myself;  I  put  him  down  a  passage-way  at  Clark  Point. 
Mrs  Hogan  and  Mrs  Windred  were  in  waiting;  Mrs  Windred  in  men's 
I'lotliea;  in  that  disguise  I  had  taken  her  frequently  to  see  her  husband. 
Both  women  bade  Windred  good-by,  and  I  put  him  on  board  Kitchen's  boat, 
who  took  him  to  the  ship.     The  vessel  in  which  Windred  was  placetl  re 


CHARMING  ACQUAINTANCES. 


340 


d  waa 

>TUHUld 

rite  to 
eywill 

,  flats— 
:  it  and 
ountry. 
I  stated 
tndown 
imongat 
jringtoa 
that  his 
him  kill 
iwd;  the 
rwo  men 
cted. 
Stockton 
5  after  lie 


mained  in  {x>rt  a  fortnight,  and  I  feared  he  would  be  apprehended  again. 
Windred  sent  for  his  wife  to  go  with  him,  and  she  went  on  board,  and  sailed 
with  him  the  morning  after  the  May  fire. 

"  Kitchen  is  a  rough,  boatman-looking  fellow,  dirty,  very  dirty ;  he  kept 
a  boarding-house  near  Clark  Point;  he  is  a  stout  man,  about  thirty,  dark 
hair,  and  heavy  whiskers ;  he  is  a  convict  from  Van  Dieman  Land.  Kitchen 
has  a  specimen,  of  the  value  of  one  hundred  and  forty  dollars,  that  Stuart 
took  off  the  body  of  Moore,  whom  he  murdered  at  Auburn. 

"  Purcell,  a  police-officer,  used  to  take  money ;  he  took  money  of  Hughes ; 
he  would  take  money  from  any  one.  At  the  primary  election  for  Malachi 
Fallon  I  was  solicited  by  Sweeney,  McCarty,  and  Mclntyre,  to  aid  in  the 
election ;  accordingly  I  did  so,  and  got  some  twelve  votes,  all  from  men  who 
were  convicts  and  foreigners." 


CO  except 
he  United 
sly  rumor, 
^arty,  the 
>e  ounces, 
rmick  had 
Brown, 
[Carty  and 

[away  con- 

larison  be- 

ter  are  so 


I  went 
|u  key  in; 

said  that 
Itic  stroct ; 
hy  himself, 
j-t's,  Avht^ri! 
from  the 
|l,  and  ap- 
with  liiH 
cap,  lU"' 
lark  Point, 
in  mcn'^ 
husband, 
lien's  boat, 
[placed  vc 


CHAPTER  XXIII. 

THE  CIRCUMVENTORS  CIRCUMVENTED. 

When  in  doubt,  win  the  triuk. 

Hoyle. 


At  length  the  law,  long  paralyzed  and  puny,  awoke 
with  a  spasiii  of"  energy.  Election  was  approaching. 
To  be  or  not  to  be,  wns  the  question.  The  existence 
of  a  popular  organization  for  the  suppression  of  crime 
was  a  standing  reproacli  upon  the  honesty  and  effi- 
ciency of  the  authorities.  And  even  in  the  minds  of 
city  and  state  othr'ials  who  secretly  sympathized  with 
the  Vigilance  Committee  it  seemed  necessary  to  up- 
hold the  dignity  and  sacredness  of  law,  lest  this  new 
phase  of  liberty  sliould  degenerate  into  licentiousness. 

Already  given  is  the  proclamation  to  the  people  of 
the  state  by  Governor  McDougal,  dated  July  21, 
1851,  calling  on  them  to  discountenance  illegal  tribu- 
nals and  sustain  the  courts.  At  three  o'clock  on  the 
morning  of  the  20th  of  August  Governor  McDougal 
and  Mayor  Brenham  rapped  at  the  door  of  Sheriff 
Hays  and  presented  him  a  writ,  issued  by  Judge 
Morton  of  the  Superior  Court,  based  on  an  affidavit 
made  bv  the  governor  that  two  men,  Whittaker  and 
-VlcKenzie,  were  detained  without  authority  of  law. 
The  writ  c»jmmanded  the  sheriff  to  take  the;  bodies  of 
the  two  men  and  bring  them  into  court,  to  be  dealt  witli 
according  to  law.  The  sheriff',  with  a  posse  of  depu 
ties,  repaired  immediately  to  the  Committee  rooms, 
which  they  entered  without  resistance,  and  while 
some  guarded  the  door  others  advanced  and  called  on 

(3f0) 


THE  LAW'S  GRAND  ACHIEVEMENT. 


m 


i  efti- 
ids  of 
I  with 
o  up- 
new 
,sness. 
tie  of 
r    21, 
tribu- 
n  th<> 
>ougal 
heriff 
udgk' 
davit 
r  and 
law. 
ies  of 
It  with 
depu 
ooms. 
whih' 
ed  on 


the  prisoners  to  accompany  them,  which  they  gladly 
did,  and  were  soon  comfortably  lodged  in  jail.    One  of 
the  guard  attempted  to  push  back  the  officers;  two 
others,  suspecting  treachery,  let  themselves  down  from 
the  window  and  sounded  the  alarm  on  the  bells  of  the 
California  and  Monumental  engine  companies.     The 
action  of  those  in  charge  of  the  room  was  bitterly 
denounced :  and  such  were  the  singular  circumstances 
attending  the  rescue  as  to  raise  serious  question  in  the 
minds  of  many  if  there  were  not  collusion  between 
the  officers  of  the  law  and  the  officers  of  the  Counnit- 
tce.     Daybreak  found  the  streets  alive  with  excited 
people  pouring  toward  the  Committee  rooms,  where  a 
meeting  was  m  session  and  the  events  of  the  night 
were  beinj?  discussed.     Some  were  in  favor  of  tsrisiii},' 
and  making  an  immediate  attack  on  the  prison ;  others 
held  that   in  the  justice  of  their  cause    tlicy  couli 
trust  that  the  unholy  sympathy  thrown  b}'  the   law 
over  two  notorious  law-breakers  could  do  the  reform- 
ers no  permanent  injury,  and  they  shoukl  wait.    Tlius 
in  every  trying  event  good  counsel  prevailed;  passion., 
though  aggravated  by  the  chattering  of  apes,  must" 
l)e  laid  aside,  foi'  this  was  not  an  association  for  the 
j)romotion  nf  lawlessni'ss,  and   the   law,  though  not 
iespectLibie,must  in  some  measure  be  rospected.  Tiiere- 
fore  it  was  concluded  to  let  the  matter  rest  for  the 
moment,  to  permit  the  authorities  to   indulge  tlieir 
innocent  gambols  over  their  little  victory,  hoping  tliem 
thereby  good.     In  the  eyes  of  (he  sober  members  of  the 
(  onnnittee  the  affair  was  but  a  little  stratagem,  matle 
successful  by  the  hour,  and  the  laxity  of  tlie  guard; 
and  the  very  fact  of  the  law  being  obliged  to  emiiloy 
darkness  and  circumvention  in  the  execution  of  its 
mandates  was  the  surest  sign  of  its  weakness.     Even 
now  the  authorities  seemed  half  fi'ighteued  at  their 
boldness,  and  almost  panic-stricken  at   the  peril  of 
their  situation.     How  should  they  defend  the  law's 
majesty  against   the    bloody-mindetl    citizen?     Turn 
the  guns  of  the  Vincoina  on  the  \icinity  of  Battery 


THE  CIRCUMVENTORS  CIRCUMVENTED. 


Tit). 


and  California  streets.  Parley.  Bring  in  ordnance 
from  the  Presi^ili^  Let  the  military  be  held  in  readi- 
ness to  answer  at  a  moment's  notice.  Proclaim  an 
end  of  the  reign  of  terror;  an  inaugn ration  of  the 
reign  of  law.  Meanwhile  the  members  of  the  Com- 
mittee went  about  their  business,  apparently  uncon- 
cerned in  all  this  splutter  and  bombast  of  the  officials, 
determined  that  no  provocation,  however  severe, 
should  tempt  them  to  the  performance  of  any  action 
which  should  brinr^  reproach  upon  them  as  law-abiding 
citizens,  or  upon  their  organization,  m.adc  for  the  pur- 
))ose  of  strengthening  law  and  good  government;  and 
ill  this  moderation  was  their  greatest  victory. 

That  same  day  appeared  a  second  proclamation  by 
the  governor,  calling  upon  all  good  citizens  to  unite 
for  the  purpose  of  sustaining  public  law  and  tran- 
quillity, to  aid  the  public  officers  in  the  discharge  of 
their  chity,  and  to  discountenance  any  attempt  made 
to  substitute  the  dos})otic  control  of  a  self-constituted 
association  in  place  of  regularly  organized  govern- 
nieiit;  warning  those  disposed  to  resist  legal  authority 
that  civil  war  in  all  its  horrors  would  be  tlie  inevitable 
consequence.  The  force  of  this  proclamation,  how- 
ever, was  materially  weakened  by  a  card  jiublished  at 
the  same  time  bv  the  Vioilance  Committee,  which  read 
as  follows: 

"  Wi',  the  undersigned,  do  hereby  aver  that  the  present  goveraor,  Mc- 
Dougal,  asked  to  be  introduced  to  the  executive  committee  of  the  Committee 
of  Vij;ilniu'o,  whicli  was  allowed,  and  an  hour  fixed.  The  governor,  upon 
being  introduced,  stated  that  he  approved  the  acts  of  the  Committee,  and  that 
mucli  good  had  taken  jdace.  He  hoped  that  they  would  go  on,  and  endeavor 
to  act  ill  concert  with  tlie  authorities ;  and  incase  any  judge  should  be  guilty 
cf  maludmiuistntion,  to  hang  him,  ajul  he  would  appoint  others. 

"g.  e.  schexck, 
"George  ,1.  Oakes, 
"Isaac  Bi,kxome  Jr., 
"S.  Patoan." 

The  enemies  of  the  reformers  were  triumphant, 
but  their  victory  was  achieved  by  the  humiliation  of 
the  country's  best  friends.    Very  early  one  Robinson, 


I      1  -ai'K    ' 


THE  u-AV  IT  WAS  DONE, 
of  the  AtlelnJii"   Th     4-  **' 

i"fla„.,„„t,„  P  'IS'^^l^'^  a  box,  .,„,  i,.  „„ 

■ncdiate  attack  on  the  MTh  '*,  "'■»>•'''  "»   '■"- 
»e,«mted  for  rcfresl.n  o,  Is  to  tV"'"^  "f"  -■»"""•«' 

;n..km..  saloon.,  an.l  „b„u     „it  '"m''"    ''"'^■'"  '•""' 
thousand„,„,    ,^j,  °»"t    .1110  odoek  »o«,e  two 

over,  was  but  a  n.ob-    t«  as,    ',, '""'"■'•    T''i».  I'oM-. 
»"'-e  Con„„ittee  ,li,l  'its     o  I       aT  ''''""  ""-'  Viwil- 

t"-tened  to  be^t'^LJttbS  "•""'  "'  "^  '^"'' 

^V"'"l'""oe  of  fa,,    '^  J"   ;  "!  7",  -"»"■  S.     The,eU|,on 
<ill  4  o'elocli  ,..  ,,.      •       ^"''  '"^'-t"'S- then  adjourned 

--4^^ctf';^r::i  3'"'^*^'  '""""''^  -^iv  le 

I';-'';'   to  fear  do«n  f  "  S      ':;"'""»*'"■..     So.ne  |,ro- 

(liom  sharply.   -^"You  wo.dd  , ,  ,  rf '  "'""*  "■■''"1^"' 

:; ""t'"S  sreater  fol     ■  sajT'  '™'^'  ■™»''  l''Jlv  bv 

•'I'oiv  »-as  but  one  se,,ti  „e,,t  /,'  ^*  'r'-     -'^'^vert biles; 

:'^«''.tive  'loti^rmi^ro;,'],""':'"'';'- <'■'■:  «oizure  that  the 
'"  ','"">''""  «ith  th  .,  colt'  .^i- '"  '^"l"""-  Indeed, 
'""!yi'»tand   ho«    the 'nl   „"'  '"''f /I'O  -'<uf<l  nof 

>:'■■  f  a  hundred  n.endJrs  I'^T'""  '''"*^'"'  tl'^.v 
'"gilt,  tenfoM  nior,.  fl  ,"'  *'"^  pi-omise-s  that 

^'^fU.d  the  she   r      ;!   ,™""r''  *"  ''-e  .suocessf    h' 
■■"'d   'i«  was   sleepn'^'^,-"  '"""'»  »■•••■■-  "»  g»ar,i, 

7",'-    Aburlyblack^ndtL  n,    ed'sf"'  /'"  "*"'""'g 

;'t  tile  door,  and  when  Ha  s  .?    f^     '"■  "'""•'  ^''"■■"■'T 

they  w,.re  ad,„itf^.j     '.  "^.^  ;»"'l  Caperton  kuScke,! 

r«>.  T.,...  ,.„,,  ,,  .];|  "itliout  lesistanee  sufficient  t,j, 


354 


THE  CIRCUMVENTORS  CIRCUMVENTED. 


i' 


waken  him.  !Mr  Ryckmau  was  not  present,  but  Pay- 
ran,  placing  the  utmost  confidence  in  the  guard,  was 
asleep  in  the  executive  room. 

At  the  request  of  the  Committee,  John  McDougal. 
governor,  appeared  before  them  at  their  rooms  and 
stated  that  in  tlie  hotel  at  Benicia  the  day  previous, 
which  was  the  lUtli,  it  was  reported  that  the  Vigi- 
lance Connuittee  wei-e  to  meet  during  the  night  to 
sentence  Whittaker  and  McKenzie,  and  he  doter- 
niincd  to  coinQ  down  and  prevent  an  execution,  it' 
possible.  On  arriving  at  the  Union  Hotel  about 
noon  he  v.^as  told  by  two  men  who  were,  or  professed 
to  be,  members  of  the  Vigilance  Connnittce,  that  the 
prisoners  would  be  executed  the  following  day. 

On  receiving  tliis  information  lie  proceeded  immc- 
diatelv  to  Mavor  Bronliani,  and  asked  his  assistanci; 
in  rescuing  the  prisoners.  I^renhinn  acquiesced,  and 
the  two  oiiicials  called  upon  the  shcritt*.  The  next 
tiling  necessary  was  a  writ  o\'  habeas  corpii.s,  which, 
alter  mniw  search  for  a  judge,  was  linally  obtained 
from  Myron  Xorton.  'I'lie  party  then  [trocecded  to 
the  rooms  of  the  A'i<'ilanee  Connnittee  antl  knocked 
at  the  door,  whieh  was  o[)ened.  Caperton,  deputy 
shei'ifl',  entered  first,  then  Hays,  the  sheriif.  The 
dooi-  closed.  McDougal  remaining  at  the  liead  of 
tlie  stairs,  and  lirenham  bel(»w,  outside  the  building. 
In  a  few  minutes  the  slierilf  and  his  deputy  returneil 
with  the  [irisoners,  without  having  encountered  any 
resistance.  On  beins>'  asked  who  had  s»iven  him  the 
information  at  the  Union  Hoti^l,  liedediinfd  to  answer. 

Mavor  Brenham  eonlirmed  before  the  ("onunittee 
the  statement  of  the  governor,  adchng  that  prior  to 
the  conference  at  the  sherift"s  oilice  it  was  their  in- 
tention to  have  aj)[)eared  at  the  Committee  rooms  in 
full  force,  with  a  writ  o{'  /labcas  corpus,  the  following 
niorning  at  eight  o'clock.  The  mayor  was  perfectly 
certain  that  no  member  of  the  Vigilance  Committee, 
or  any  persons  other  tlian  those  vho  came,  had  cog- 
nizance of  their  intention ;  nor  was  there  any  collusion. 


mVESTIOATION  BY  THE  COMMITTEE. 


355 


uiue- 

,  and 

next 
'hicli, 
,aiuc(l 
cd  to 
ockcd 

puty 

Iding. 
rmd 
I  any 
u  tlu' 

litto*-' 
or  to 
ir  in- 
nis  in 

win 'J,' 

Ifectly 

^ittec. 

cog 

Lision. 


directly  or  indirectly,  between  them  and  any  members 
of  the  Vigilance  Committee. 

Sheriff  Hays  stated  that  he  was  in  bed  when  the 
governor  and  mayor  called.  He  at  first  thought  that 
duty  did  not  demand  of  him  interference,  and  asked  his 
visitors  if  they  knew  the  men  were  to  be  executed 
the  next  day.  They  were  sure  of  it.  He  then  pro- 
ceeded to  serve  the  writ,  meeting  with  no  resistance 
on  entorinLT  the  room  and  but  little  on  leavinir  it. 

J.  L.  Van  Bokkelen,  chief  of  the  vigilant  police, 
l)eing  sworn  before  the  executive  committee,  said  that 
|)ursuant  to  the  instructions  of  the  Committee  he  had 
[>roceedod  to.  select  a  place  for  the  execution  of  the 
prisoners,  and  had  reported  to  the  Committee,  wlio 
instructed  him  to  make  the  necessary  detail  of  rjuards 
and  other  preparations.  In  the  exercise  of  this  duty 
it  was  necessary  for  him  to  leave  the  room  twice. 
He  had  given  McKenzie  permission  to  change  his 
linen  and  to  shave;  he  had  ordered  the  good  spring 
handcuffs  wliieli  ornamented  his  wrists  to  be  taken  off 
and  }K>orer  ones  substituted,  so  that  the  goofl  pair 
niiixlit  not  be  lost  to  the  Conunittee  when  the  body 
should  be  taken  by  the  coroner.  Durin<>:  tlie  consuni- 
nuition  of  these  arrangements  the  ca{)turt.'  was  made. 

P.  P.  Hull,  on  reporting  for  duty  that  night,  was 
told  to  arm,  which  he  did,  and  was  then  told  to  hold 
himself  in  readiness  for  orders  which  he  never  received. 
While  in  the  refreshment  room  he  heard  a  scufflinjj 
and  call  for  the  police.  He  I'an  out  and  found  a  crowd 
about  the  door,  and  heard  the  sheriff  say:  "We  are 
tot)  strong  for  you;  we  have  a  posse  outside."  Tjctting 
himself  down  by  a  rope,  he  came  upon  the  capturi'd 
prisoners,  and  cocked  his  pistol,  but  refrained  from 
tiring. 

Some  fifteen  or  twenty  others  were  examined  bcfon^ 
the  Committee,  and  among  them  Steele,  the  door- 
keeper. This  man  testified  that  when  the  sheriff 
applied  for  admittance  he  was  crowded  in  by  those 
behind  him,  and  that  when  the  prisoners  were  brought 


fi 


^ 


8W 


THB  CIRCUMVENTOIIS  ClRCUMyKXTED. 


t<»  liis  door  on  their  way  out,  while  soinu  plucocl  their 
hack  aj^ainst  it  to  prevent  exit,  those  outside  forced 
it  open,  and  in  the  nielue  tliat  ibll'^wed  the  yherifF  and 
Ills  ibllowers  c.sca[)ed  with  the  prisoners.  The  coup  ife 
iiuiin  was  so  sudden  tliat  the  guard  l)ecanie  confused 
and  hardly  knew  what  he  <lid. 

This  evidence  was  <jiven  before  a  sub-connnittee 
a]>pointed  by  the  executive  comniittce,  and  tiicir  rc- 
l)urt  was  in  the  following  words: 

"The  cominittoe  respix'tfiilly  Hubinit  tlic  ciitiru  (evidence  taken,  and  leave 
the  Vigil.ince  (Joininitteo  to  juil^o  for  theinHelves  of  any  eulpability  on  the 
part  of  those  inti'ii^teil  with  the  cliiirge  of  tlie  jiri.soiiers  hist  niylit  and  tliis 
nioniing.  Your  eunimittee,  while  they  feel  it  tlieir  duty  to  exonerate  all  from 
the  least  imputation  of  lirihery  or  eonnivuncc!  at  tiie  escape  of  the  i)risoner8, 
feel  it  their  duty  to  say  that  there  was  a  great  want  of  their  usual  care  and  of 
that  caution  whicii  t]»e  importjiuce  of  the  duty  assigued  them  rotpiired ;  and 
that  they  deem  the  eiiief  of  police  especially  guilty  of  gross  neglect,  and 
wanting  in  thiit  energy  and  self-eontiol  wliieli  if  properly  exercised  would 
have  prevented  the  escape  of  the  prisoners,  and  tiierelij'  wctuld  have  saved  the 
Vigilance  Coniniittec  from  the  disgrace  of  neglect  whieli  nnist  now  rest  upon 
it.  And  your  committee  cannot  conclude  without  expressing  their  condem- 
nation of  the  course  talien  by  tliose  members  of  the  Vigilance  Committee 
wiio  were  so  estranged  from  their  duty  as  to  inform  tlie  governor  of  the  in- 
tended action  (if  the  (lonnnittee,  which  lendereil  it  imperative  upon  him  to 
adopt  the  course  \w  did,  and  which  has  so  cfTectually  checked  the  important 
action  of  the  Vigilance  Committee. " 

At  the  adjourned  meeting  the  committee  reported 
according  t<»  tlie  facts  obtained.  The  cliief  of  i)olice 
was  instructed  to  keep  a  o-uard  of  twentv  men  over 
Whittaker  and  McKeuzie,  then  in  custody  of  the 
sheriff,  lest  either  by  force  or  connivance  should  escape. 
It  was  resolved  that  the  sentence  of  death  pronounced 
u|>ou  tlieni  should  still  remain  in  force. 

On  account  of  the  strong  feeling  against  him, 
whether  guilty  of  actual  connivance  at  the  escape  of 
tlie  prisoners  or  not.  Van  T3okkelen  resigned  his  posi- 
tion as  chief  of  police,  and  Oscar  Smith  was  elected 
in  his  stead.  In  this  ballot,  whicli  occurred  at  a  gen- 
eral meeting  on  the  2Gth  of  August,  James  King  of 
Wm.  received  two  votes,  and  F.  Argenti  and  J.  W. 
Cartwright  each  one  vote. 


VARIKI)  COl'XSKL. 


S57 


Tlio  uttoraucus  of  thr  press  did  not  fairly  reprosoiit 
the  sentiment  of  the  more  cahn  and  thoughtful  element 
of  the  Committee.  It  breathed  of  the  mob  spii'it, 
which  tended  to  retard  rather  than  to  accelerate  tlio 
movements  of  the  Committee,  and  to  impair  i\u) 
quality  of  their  work.  Doubtless  it  expressed  the 
feelings  of  a  majority  of  the  general  conunitt«.'e,  but 
not  of  those  who  were  trusteil  and  obeyed  as  the  safe 
and  worthy  leadeis  of  the  movement.  Tlie  authori- 
tics  were  simply  doing  theii-  duty,  and  the  Connnittee 
could  not  make  up  their  minds,  at  this  juncture,  to 
shoot  them  down  while  in  the  discharge  of  it.  The 
California  Cvurier  ()(  the  2 1st  of  August  writes: 


)rted 
liolice 
I  over 
the 
Lape. 
Inced 

him, 

ho  of 

[posi- 

pcted 

\if  ot 


"  Aa  sofin  as  this  wicked  attempt  to  involve  this  comiminity  in  exciteniont 
and  perhaps  )»looilsln'il.  for  no  cause  wiiatever.  Iind  succecilcd,  tlie  IhjII  of  the 
Vigilance  Committet^  was  tolled,  and  the  niemlKira  left  their  sleeping-ehani- 
bers  for  tlie  (Committee  rooms.  The  excitement  was  tremendous.  Tlierc  are 
Judases  in  the  Committee's  camp.  .Some  one  has  betrayed  them.  Let  Iho 
Committee  l(«»k  to  this.  We  sliall  not  advise  them  what  to  do,  for  they  aro 
lietter  informed,  and  will  nodoidit  all  act  witli  lirnmess  and  discretion.  Tiio 
authorities,  however,  who  were  engaged  in  tiiis  nnneces.sary  attempt  to  pro- 
duce a  eollisiuu  between  the  people  and  tlie  authorities,  have  dug  for  them- 
selves a  grave  so  deep  that  tlie  hand  of  re.sinrcetion  cannot  reacii  tiieni. 

"In  the  morning  at  an  early  hour  an  immense  as.semblage  of  the  people 
g.'ithered  around  the  jail,  under  the  expectatitm  that  a  forcible  attempt  would 
have  lieen  made  to  break  open  the  jail  and  sci/o  the  prisoiK-rs.  Had  tiny 
attempted  it  and  been  resisted  by  the  mighty  men  in  luickram  wiio  were 
pacing  the  roof  of  the  jail,  the  people  would  have  blown  them  into  fragments 
skydiigh,  and  made  their  Uesh  and  bones  food  for  coyotes  ami.  crows  upon  the 
surrounding  hills." 

The  comments  of  tlie  /Icm/d  the  sam<' day,  though 
more  pertinent,  are  nevertheless  not  in  exact  accord 
with  the  minds  of  the  mysterious  few  which  governed 
all,  and  round  which  revolved  the  passion-seething 
multitude: 

"Much  as  we  have  admired  the  conduct  of  the  Committee  on  other  occa- 
.sions,  we  think  their  course  yesterday,  under  the  severe  provocation  they  ri-- 
ceived,  was  more  praiseworthy  than  any  victory  they  have  yet  achieved. 
They  regarded  the  aflfair  aa  a  very  stupid  piece  of  chicanery  by  which  they 
had  been  overreached  in  the  discharge  of  their  iluty,  but  they  preservt^d  a 
perfectly  calm  demeanor,  certain  that  sooner  or  later  justice  would  ttki'  its 


f! 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


/. 


1.0 


I.I 


•^°  i«    III  2.2 
Is   l"   III  2.0 


1.8 


1.25      1.4 

1.6 

•< 6"     — 

► 

Photographic 

Sciences 
Corporation 


^■^A  ^Sf>- 


A 


# 


23  WEST  MAIN  STRCX? 

WEBSTER,  N.Y.  14580 

(716)  873-4503 


<:^ 


c^ 


3o8 


THE  CIRCUMVENTORS  CIRCUMVENTED. 


course.  While  the  authorities  were  hurrying  up  and  down  in  perfect  amaze- 
ment at  their  own  desperate  valor,  issuing  orders  for  muskets,  cartridges,  and 
cannon,  the  members  of  the  Committee  were  quietly  pursuing  their  usual  avo- 
cations, wholly  nnmoved  except  to  laughter  at  these  warlike  demonstrations. 
■'  And  the  pygmiet  swarmed  in  the  streets,  and  cha+tered,  and  chuckled, 
and  lielil  conferences  at  the  street  comers  about  the  wonderful  victory  they 
had  achieved  over  tlie  Vigilance  Committee  and  the  cause  of  justice,  unmind- 
ful, these  pygmies,  that  the  same  popular  will  Avhich  lias  broken  up  and  scat- 
tered to  the  winds  that  criminal  organization  on  which  corrupt  olficials 
fattened,  could  sweep  them  and  all  their  macliinery  of  office,  courts,  and 
law  into  the  bay  at  a  single  efl'ort.  As  for  the  vapid  and  meaningless  docu- 
ment called  a  proclamation,  which  was  posted  up  about  the  city,, it  is  wholly 
unworthy  of  notice.     It  has  no  point  whatever." 


And  thus,  the  day  following: 


"These  pets  of  the  law,  if  we  understand  rightly,  are  in  custody  witiiout 
any  legal  commitment,  and  while  so  detained  are  an  illegal  expense  to  the 
county.  If  they  are  turned  loose  again  on  society  a  stupcmdous  crime  Mill 
be  committed  against  the  jjeace  and  lives  of  our  citizens.  The  full  mea.sure 
of  their  guilt  is  perhaps  unknown ;  it  is  natural  to  suppose  that  men  under 
such  circumstances  will  not  confess  the  perpetration  of  very  grave  crimes ; 
but  their  own  admissions  show  that  their  hands  are  raised  instinctively  and 
by  long  habit  against  tiieir  fellows;  and  that  to  permit  them  to  go  again  at 
large  wouhl  be  t(j  be  accessai'y  to  murder.  A  lawyer  can  nevertheless  easily 
convince  a  court  that  against  these  men  there  is  no  proof  suliicient  to  convict 
them,  and  the  question  arises,  Wliat  will  the  court  order  ?  It  caiuiot  have  them 
detained,  as  thei'  is  no  testimony  against  them.  They  will  of  course  deny 
their  guilt  and  contradict  their  adr.iissions.  These  admissions  will  go  foi' 
naught,  and  the  grand  jury  cannot  even  lind  a  bill  against  these  men.  Sec, 
then,  the  position  the  law  has  brought  itself  into  in  regard  to  them.  It  i.s  to 
be  presumed  that  none  will  deny  their  criminality;  about  that  there  can  be 
but  one  opinion ;  and  yet  the  law  virtually  tleelares  sucJi  men  must  not  be 
punished.  Law  cannot  punish  them,  and  law  will  not  pennit  anybody  else 
to  punish  tiieni.  The  men  who  now  presume,  after  permitting  two  criminals 
to  be  executed  without  venturing  to  oppose  the  Connnittee,  to  thwart  them 
in  their  cflforts  to  restore  society  to  its  just  equilibrium,  to  restore  energy  to 
the  palsied  arm  of  justice,  to  break  up  the  criminal  organization  which  has 
pervaded  this  whole  country  for  more  than  two  years,  an  organization,  too, 
which  has  dealt  in  murder  and  rapine  to  an  extent  which  has  appalled  the 
liearts  of  our  citizens,  an  organization  wliich  has  perpetrated  lifty-two  mur- 
ders in  the  precincts  of  this  city  within  the  hist  eighteen  months,  we  say 
tiiose  who  now  oppose  the  Committee  in  their  ellbrts  to  break  up  this  organi- 
zation seem  to  forget  that  they  themselves  exist  in  their  official  capacity  but 
by  sulTerance,  and  that  the  labor  of  crushing  them  would  be  very  light  indeed. " 


The  night  before  they  were  to  have  met  their  fate 
permission  was  given  the  two  prisoners  to  shave  and 


THE  LAW'S  EXCUSE. 


359 


dress  in  their  best  clothes.  They  were  to  have  been 
executed  from  the  yard-arm  of  a  vessel,  in  full  view 
of  Telegraph  Hill,  round  the  base  of  which  so  many 
scoundrels  congregated.  It  may  be  interesting  to 
some  to  know  the  intended  proceedings  on  board  the 
ship. 

The  chief  of  police  was  to  detail  a  guard  of  true 
men,  well  armed,  to  proceed  to  the  vessel  and  make 
preparations  for  the  reception  of  the  prisoners.  A 
clergyman  should  be  allowed  on  board  with  the 
prisoners.  The  bell  should  bo  tolled  on  shore.  When 
all  was  ready  the  water  signal  should  be  hoisted  and 
a  gun  fired.  Then  the  executive  sliould  appear  ui)on 
the  shore,  and  upon  the  waving  of  a  handkerchief  the 
souls  of  the  condemned  should  bo  launched  upon  the 
eternal  sea,  and  tlicir  bodies  should  hang  for  the  space 
of  one  hour  thereafter.  Btit  the  Committee  had  for- 
gotten that  at  the  hoin^  named  the  tide  would  be  low. 
Furthermore,  the  risk  of  failure  would  have  been 
n^reater  in  conductinjx  an  execution  on  board  a  vessel 
than  on  shore;  hence  that  plan  would  probably  have 
been  abandoned. 

Four  days  passed  quietly  while  Whittaker  and 
]\IcKenzie  lay  undisturbed  in  jail.  Yet  no  one  who 
thought  tipon  the  matter  supposed  that  the  Vigilance 
Committee  would  allow  the  affair  to  rest  there.  The 
authorities  well  knew,  or  might  have  known,  when 
they  seized  the  men  that  they  could  not  hold  them. 
Xeither  did  they  care  to  hold  them,  or  to  prevent  the 
Committee  from  exercising  their  sovereign  purpose. 
The  men  deserved  to  hang.  Xo  one  qtiestioned  it. 
The  Committee,  through  their  ability  and  energy,  had 
broken  up  the  organization.  Let  them  complete 
their  work;  it  was  better  so.  Certain  base  or  blun- 
dering members,  by  informing  of  the  intended  execu- 
tion, had  obliged  the  authorities,  contrary  to  their 
inclination,  to  make  the  seizure.  It  now  onlv  re- 
mained  to  the  Committee  to  repair  the  breach  caused 
by  their  indiscretion   and  neglect.     The  momentary 


"  i 


I 


300 


THE  CIRCUMVEXTORS  CIRCU.Ars'ENTED. 


victory  of  the  authorities  had  strengthened  the  Com- 
mittee rather  than  weakened  it. 

Their  ranks  were  swelled  by  large  additions  of  the 
most  respectable  clement  of  society.  Money  was 
freely  subscribed  for  the  support  of  the  organization, 
and  fresh  impetus  given  to  its  vitality.  People 
w^erc  satisfied  that  if  the  two  men  Whittaker  and 
McKenzie  wore  tried  by  the  courts  they  w  ould  be 
acquitted  and  turned  loose  upon  society.  Even  in 
face  of  tlie  ovcrwhelmino^  evidence  ao^ainst  them  it 
would  be  difficult  for  a  grand  iin^v  Icij^allv  to  find  a 
true  bill,  or  for  a  court  legally  to  punish  them.  Should 
law,  then,  prevent  just  punishment  which  it  could  not 
itself  inflict?  The  Committee  were  stimulated  by 
obvious  considerations,  and  showed  their  decision  in 
the  folio Ainsr  order: 


"Capt.  Cartwiiioiit: 

"You  arc  hereby  authorized  to  detail  a  guard,  such  as  you  think  proper, 
and  arrest  two  prisoners,  to  wit:  Sam  Whittaker  and  R.  McKenzie,  and 
bring  them  into  custody  of  the  Committee  of  Vigilance. 

"Done  by  order  of  Executive  Committee,  August  22,  a.u.  1851. 

"James  B.  Huie,  Chairman. 
"Attest:  S.  PAYitiVN,  Secretari/." 

Sunday  was  the  time  fixed  upon  for  the  recapture. 
It  was  ascertained  that  there  w^ould  bo  service  on  that 
day,  and  it  was  customary  on  such  occasions  to  bring 
all  the  prisoners  from  their  cells  into  the  main  hall  to 
hear  preaching.  At  that  time  the  doors  would  be  un- 
barred; there  would  be  no  locks  to  pick,  no  cells  to 
break  open. 

On  Saturday  thirty  of  the  Committee  met  in  an 
old  iron  buildinix  standing  on  the  corner  of  California 

-I-       • 

and  LeidesdoT'ff  street,  and  agreed  among  themselves 
to  reoovor  the  prisoners  or  perish  in  the  attempt.  The 
first  thing  was  to  ascertain  the  condition  of  the  jail, 
by  whom  it  was  guarded,  and  what  arms  were  in  the 
possession  of  its  defenders.  As  it  would  not  do  to 
visit  the  jail  in  a  body,  lots  were  drawn  to  determine 


VIGILANCE  SPIES  IX  THE  JAIL. 


3G1 


in  an 
Ifornia 
Iselves 
The 
le  jail, 
lin  the 
Ido  to 

irmine 


who  should  act  the  spy,  enter  the  jail,  and  bring  back 
a  report.  The  lot  fell  upon  Bluxome,  who  immedi- 
ately set  out  on  his  mission.  In  front  of  the  building 
he  found  the  sheriff  himself,  saddling  a  mule. 

"Colonel  Hays,"  began  Bluxome, "you  haveBurduc 
yet  a  prisoner.  His  was  a  very  hard  case.  Though  I 
have  never  met  him  I  have  had  much  to  do  in  his 
case,  and  I  must  confess  to  a  curiosity  concerning  his 
strange  resemblance  to  Stuart.  I  would  like  to  see 
him." 

"Certainly;  go  in,"  said  Hays,  giving  at  the  same 
time  the  order  to  admit  him. 

Bluxome  entered  and  found  Burdue  sitting  on  a 
stone  step.  Entering  into  conversation  witli  him,  he 
carefully  marked  in  his  mind  the  place  and  its  con- 
tents, and  then  walked  carelessly  about  the  prison. 
The  only  arms  he  could  discover  was  a  rack  of  muskets 
standing  in  the  middle  of  the  main  hall.  These  might 
be  dangerous,  and  they  might  not;  but  how  ascertain 
if  they  were  loaded  without  exciting  suspicion?  Taking 
a  musket  from  the  rack  and  turning  to  the  officer  in 
attendance,  whom  he  well  knew,  he  exclaimed  in  a 
half  playful  manner: 

"Lambert,  you  are  an  old  infantry  soldier;  so  am  I. 
Put  mc  through  the  drill." 

"What  drill?"  asked  Lambert. 

"  Loading  and  firing." 

"All  right,  sir,"  replied  the  officer,  complying  with 
the  request.     Presently  Bluxome  complained : 

"  This  gun  is  not  well  balanced,"  and  putting  it 
back  he  took  from  the  rack  another.  And  so  on  divers 
pretences  he  examined  one  after  another,  and  ascer- 
tained that  none  of  them  were  loaded.  That  was  all 
be  wished  to  know,  and  he  returned  to  report. 

Ryckman  determined  to  make  a  survey  on  his  own 
account.  Going  up  to  the  jail,  he  found  ready  ad- 
mittance. The  triumphant  authorities  were  most 
affable.  The  vigilance  organization  was  a  fine  append- 
age to  a  police  office.     "We  don't  want  any  trouble 


f-' 


U 


S6'2 


THE  CIRCUMVENTORS  CIRCUMVENTED. 


with  you,"  said  the  smiHng  jailer  as  he  admitted  him. 

"There  are  many  who  entertain  the  same  senti- 
ment," was  the  caustic  reply. 

Ryckman  examined  the  muskets,  which  were  flint- 
locks, and  saw  that  they  were  not  loaded.  He  was 
less  diplomatic  in  his  visit  than  Bluxome  had  been. 
He  was  absolutely  fearless,  and  went  more  directly  for 
his  object  than  some  who  were,  indeed,  no  more  cir- 
cumspect than  he.  The  jailer  spoke  truly.  No  one 
coveted  trouble  with  Mr  Ryckman. 

The  visitor  asked  to  be  shown  the  captured  prison- 
ers. Whittaker  was  in  his  cell,  and  on  seeing  who  it 
was  he  came  to  the  grating  and  said : 

"  I  hope  you  are  not  sorry  to  see  me  here,  Mr  Ryck- 


man 


?» 


"Sir,"  was  the  reply,  "you  were  arrested  througli 
the  agency  of  the  people;  you  were  tried  and  convicted 
by  the  people ;  you  escaped,  but  you  will  as  surely  be 
executed  by  the  people  as  you  now  live.  Entertain  no 
hope  otherwise.  Be  ready.  No  power  on  earth  shall 
save  you." 

This  utterance  can  hardly  be  commended  as  discreet. 
Ryckman  then  returned  to  the  Committee  rooms  and 
busied  himself  in  preparing  for  the  intended  under- 
taking for  Sunday. 

At  the  rendezvous  on  Sunday  morning  only  one 
out  of  the  thirty  was  absent.  The  twenty- nine  were 
divided  into  three  parties,  one  of  thirteen  and  the 
others  of  eight,  and  each  placed  under  a  captain. 
G.  W.  White  commanded  the  first,  and  Mr  Calhoun 
and  Oscar  Smith  tlie  other  two.  The  movement  was 
under  the  immediate  orders  of  J.  W.  Cartwright. 

Over  a  portion  of  the  prison,  at  the  time,  there  was 
no  roof,  and  from  a  certain  point  on  Telegraph  Hill 
could  plainly  be  seen  all  that  occurred  in  the  main 
room.  One  Higgins  was  stationed  at  this  point  with 
instructions  to  open  wide  his  arms  the  moment  service 
was  over. 

Meanwhile  one  party  had  taken  its  stand  at  the 


RECAPTURE  AND  EXECUTION. 


368 


front  door  of  the  prison,  and  of  the  others,  one  at  the 
back  door,  and  one  in  the  area  between  the  outer  wall 
and  main  building,  where  they  could  see  Higgins. 
The  signal  being  given,  every  man  made  ready. 
Immediately  the  front  door  was  opened,  and  as  the 
worshippers  from  without  were  making  their  exit,  the 
party  there  stationed  crowded  in.  At  this  juncture 
a  crash  was  heard  at  the  back  door,  which  fell  with 
loud  noise  beneath  the  blows  of  a  sledge-hammei'.  In 
another  moment  two  divisions  were  together,  while 
the  third  rushed  to  the  front  and  acted  as  guard.  The 
criminals,  who  under  guard  had  been  attending  ser\  ice, 
instinctively  scattered  to  their  cells  like  rats  before 
their  feline  enemy.  The  regular  jail  guard  were  at 
their  station  on  the  top  of  the  building,  and  during 
the  seizure  they  were  covered  by  a  large  pistol  in  the 
hand  of  James  B.  Huie,  one  of  the  twenty-nine. 
Wliittaker  was  taken  by  Bluxome  just  as  he  entei-ed 
his  cell.  This  was  about  a  quarter  jjast  two.  At  the 
same  instant,  by  different  parties,  McKenzie  and  the 
officers  were  seized.  There  was  some  scuffling  be- 
tween the  officers  and  the  vigilants,  and  a  few  harm- 
less shots  were  fired.  Whittaker  and  McKenzie 
struggled  hard,  but  were  quickly  overcome.  The 
two  criminals  were  bound,  and  hurried  to  a  carriage 
in  waiting.  The  other  inmates  of  the  prison  stood 
trembling  with  fear,  without  offering  the  least  resist- 
ance, not  knowing  when  their  own  turn  might  come. 
No  sooner  were  the  two  prisoners  thrust  into  the 
carriafje  which  stood  in  readiness  round  the  corner 
than  the  driver  plied  his  whip,  and  the  horses  dash(;(l 
off  at  the  top  of  their  speed,  up  Broadway  to  Stockton 
street,  thence  to  Washington  and  through  Dupont, 
Sacramento,  Montgomery,  and  California  streets,  to 
the  Committee  rooms  on  Battery  street.  Not  a 
moment  was  lost.  Over  the  doors  of  the  second  story 
of  the  building  projected  two  beams,  fastened  to  which 
Avere  blocks  roved  with  ropes  noosed  at  one  end. 
With  their  coats  removed  and  arms  pinioned  to  their 


II 

1  ■ 

1^    II 


li 


364 


THE  CIRCUMVENTORS  CIRCUMVENTED. 


sides,  tho  ropos  were  adjusted  round  their  necks.  The 
next  instant  the  two  prisoners  Avere  simultaneously 
jerked  from  tlieir  feet  and  hoisted  in  air  until  their 
heads  touched  the  beams  above;  then  they  were 
lowered  and  ao^ain  hoisted  until  life  was  extinct. 

Nothing  of  the  plan  was  known  to  any  except  the 
executive  conmiittee  and  those  actually  engaged  in 
it.  Even  the  preliminary  arrangements,  as  we  have 
seen,  were  made  outside  of  the  Committee  rooms. 
Less  than  three  quarters  of  an  hour  was  occupied 
from  the  time  of  the  attack  upon  the  jail  till  the  un- 
fortunate men  were  swinjjinff  from  the  beams  of  the 
vigilance  Committee  building.  Following  is  the  re- 
turn of  order  of  arrest. 

' '  ExECTTivK  Committee  of  Vigilance  Committee,  \ 
"8ax  Fhancisco,  August  24,  1851.      / 

"Agreeable  to  your  orders  above,  I  detailed  thirty  (30)  men,  who  pro- 
ceeded in  three  divisions,  under  the  respective  orders  of  Col.  G.  W.  White, 
C'fipt.  Calhoun,  and  Mr  Oscar  Smitli,  and  in  the  sliort  space  of  five  minutes 
from  the  first  charge  the  prisoners  above  named  were  on  their  way  to  your 

head-quarters.  "Respectfully, 

"J.  W.  Cartwright.' 


While  the  vehicle  containing  the  prisoners  and  their 
guard  was  dashing  through  the  streets  the  ^lonu- 
mental  bell  struck  the  well  known  signal,  but  before 
many  members  in  answer  to  its  summons  could  reach 
the  Ccjinmittee  rooms  the  deed  was  done.  The  execu- 
tive committee  were  becoming  proHcient  in  the  busi- 
ness; all  had  been  preconcerted,  all  was  carried  out 
without  faltering  and  without  confusion.  The  execu- 
tion over,  the  people  were  addressed  by  two  members, 
and  the  action  of  the  Committee  received  their  un- 
qualified approval.  At  sunset  the  bodies  were  delivered 
to  the  coroner,  m  ho  held  an  inquest  at  the  house  of 
the  California  Engine  Company. 

The  extraordinary  incidents  of  the  day,  and  of  the 
occasion,  were  never  paralleled  in  any  country.  Glance 
once  more  at  them:  A  law-loving  but  crime-ridden 
people  rise  and  do  what  the  law  fails  to  accomplish. 


'i 


SOME  INCIDENTS. 


865 


namely,  seize  and  strangle  villainy,  and  break  up  a 
nest  of  crime.  Their  work  not  quite  finished,  inept 
law,  following  its  jealous  necessity,  snatches  two  of 
their  caught  criminals,  in  order  to  punish  them  in 
its  own  way.  The  people  recover  and  execute  them. 
Where  else  in  liistory  shall  we  find  this  play  of 
battledoor  and  shuttlecock  between  law,  justice,  and 
the  people? 

From  their  quiet  devotions  under  the  auspices  of 
law  to  that  eternity  of  which  they  prayed,  these  nmr- 
derers  found  their  swift  and  natural  way.  There  were 
many  incidents  worthy  of  mention  in  this  connection, 
but  I  can  give  place  to  but  two  or  three. 

When  the  i)risoners  were  bound,  with  their  hands 
behind  and  the  ropes  round  their  necks,  and  all  was 
ready  for  the  execution,  Whittaker  said: 

"  1  want  to  see  Mr  Ryckman." 

"  What  is  it,  Whittaker?"  said  Ryckman,  stepping 
up  to  him. 

*'  You  have  never  deceived  me,  and  I  will  tell  you 
something.  You  are  a  doomed  man.  You  will  be 
iissassinated  in  less  than  ninety  days.  Reckless  and 
determined  men  have  sworn  it." 

"  I  am  not  afraid  of  them,"  said  Ryckman.  "  All 
the  desperadoes  this  side  of  purgatory  can  never  in- 
timidate me  in  the  discharge  of  my  duty." 

While  the  execution  was  taking  place  the  mayor, 
Brenham,  was  noticed  sitting  quietly  on  a  pile  of 
lumber  on  the  opposite  side  of  the  stro'^,t  from  the 
( 'onunittce  rooms,  regarding  the  proceedings  appar- 
ently as  an  idle  spectator. 

After  the  men  had  been  hang-iniTf  about  fifteen  min- 
utes  Gallagher  presented  himself,  blustering  for  the 
bodies. 

"  What  do  you  want?"  asked  Ryckman,  stepping 
forward. 

"  I  am  coroner  of  the  city  of  San  Francisco,  and  I 
want  these  men !" 

"  You  can't  have  them." 


I 
I 


366  THE  CmCUMVENTORS  CIRCUMVENTED. 

"  If  you  don't  give  them  to  me  I  will  cut  them 
down!" 

"  Raise  your  hand  to  touch  those  bodies  and  you 
are  a  dead  man.  Come,  be  quiet  and  take  a  drink — 
that  or  the  contents  of  this  pistol,  as  you  like." 

The  Irishman  calmed  himself  and  *  smiled. ' 

"When  can  I  have  them?"  he  asked,  now  wholly 
resigned. 

"  When  the  sun  goes  down,"  said  Ryckman. 

The  day  after  the  execution  Hays,  the  sheriff, 
meeting  Ryckman,  said: 

"  I  am  mortified  to  death.  All  my  hopes  of  reelec- 
tion are  destroyed." 

"  Colonel,  don't  be  foolish,"  Ryckman  replied. 
"  Seek  the  election.  You  have  acquitted  yourself 
fully.  Failure  sometimes  is  more  successful  than 
.success." 


:«;' 


CHAPTER  XXIV. 

MINOR  RASCALITIES. 

They  demon  gladly  to  the  Imdder  end. 

Chaucer, 


The  revelations  of  Stuart  gave  many  cause  for 
uneasiries.s.  In  the  published  confession  some  of  the 
names  given  by  him  were  omitted  and  blanks  inserted, 
and  many  an  undetected  rascal  in  reading  that  report 
saw  in  fancy  the  letters  of  his  own  name  flaming 
blood-ied  in  blank  spaces.  Knowing,  moreover,  that 
for  every  blank  the  Committee  had  the  true  and  fit- 
ting appellation,  some  who  before  regarded  themselves 
as  fixed  and  settled  members  of  the  connnonv  ealth 
suddenly  ariived  at  the  conclusion  that  their  healtii 
required  a  change  of  air. 

More  than  any  other  one  person  T.  Belcher  Kay 
sat  uneasily  as  he  read  that  confession.  He  is  said  to 
have  been  the  instigator  of  the  great  fire  of  the  22d 
of  June.  His  assistants  in  that  aftair  were  Jii^imy- 
from-Town,  Dutchy  Betts,  Adams,  and  Wiiittaker. 
Kay  promised  to  have  the  plunder  properly  divided; 
they  secured  some  eight  thousand  dollars  in  all,  in- 
cluding three  cases  of  valuables  sent  to  a  Sacramento 
Jew,  who  did  business  on  the  corner  of  J  and  Second 
streets.  Kay  was  disgusted  with  the  present  tui-n  of 
affairs.  Things  were  coming  to  a  pretty  pass  when,  in 
addition  to  the  trouble  caused  him  by  the  people,  every 
other  man  of  them  had  turned  thief-hunter;  when  a 
comrade  would  not  suffer  himself  to  be  hanged  in 
quiet,  but  must  first  tell  all  he  knew  and  jeopardize 
the  lives  of  his  former  companions.     Whoever  heard 

(3C7) 


808 


MINOR  RASCALITIES. 


tti 


of  such  a  state  of  thin^s^  wlieii  onC'  could  not  fire  a 
few  huildinyrs  without  ('au«iii<r  sudi  a  commotion!  It 
was  not  fair.  Why  could  not  morchauts  and  mechan- 
ics mind  their  own  business?  What  did  they  know 
about  law?  Incendiarism,  robbery,  and  murder  were 
matters  resting'  entirely  between  gentlemen  of  the 
])r()fession  and  the  courts,  between  which  classes  lay 
the  net-work  of  the  law,  both  manipulating  it  as  best 
they  might  according  to  their  respective  interests. 
Now,  for  the  men  of  merchandise  to  interfere  and 
raise  such  a  hubbub  was  infamous.  The  country  was 
becoming  unfit  for  a  respectable  scoundrel  to  live  in. 
Everything  seemed  turning  against  him.  The  people 
were  patrolling  and  associates  confessing.  There  were 
yet  the  courts,  however.  After  all,  the  law  had  treated 
him  well  enough,  ami  legal  technicalities  were  about 
the  safest  covert  for  hunted  rascality;  tiiere  money 
was  money.  He  was  friendless  now;  there  his  stolen 
gold  dust  would  bu}^  him  a  friend  into  whose  safe  ear 
he  could  pour  his  secrets,  tell  all  his  guilt,  and  secure 
him  able  and  acti\e  sympathy;  for  so  kind  law  pro- 
vided. Money  would  likewise  buy  him  witnesses  who 
would  swear  to  anything  his  legal  accomplice  might 
indicate.  Money  made  wan  the  cold  cell,  soft  the 
hard  couch,  drove  hunger  a.  xl  thirst  to  hide  them- 
selves; it  opened  prison  doors,  and  made  even  judges 
benignant.  Law  was  the  only  safe  refuge  for  the  rascal ; 
to  the  law  he  would  go,  and  that  while  he  was  able. 

At  the  time  of  Stuart's  arrest  Mr  Belcher  Kay 
was  in  San  Francisco,  but  urgent  calls  of  conscience 
took  him  to  Sacramento.  The  outlook  there  was  not 
comforting.  Everywhere  he  found  too  many  people 
earnestly  intent  on  not  minding  their  own  business. 
A  Sacramento  July  was  hot  and  withering,  a  San 
Francisco  July  was  cold  and  shivering;  indeed,  the 
climate  of  California  he  believed  to  be  changing.  The 
fact  is,  Mr  Belcher  Kay  was  unhappy.  The  vigilance 
men  were  after  him,  and  he  knew  it.  There  were 
among  them  those  whom  the  June  fire,  a  most  un- 


TIIK  NKW  UABKAS  CORPUS. 


3U!) 


re  a 
It 

han- 

uow 

were 

'  the 

3  lay 

I  best 

rests. 

!  and 

y  was 

ve  in. 

)eo\)l*' 

)  were 

rcatcd 

about 

money 

stolen 

afe  car 

secure 

w  pro- 

es  who 
might 

hft  the 
them- 
judges 
[rascal; 
ible. 
ir  Kay 
Iscience 
as  not 
people 
[isiness. 
a  San 
id,  the 
The 
^ilance 
|e  were 
ost  un- 


fortunate kindling  at  this  juncture,  had  for  the  third 
or  fourth  time  stripped  of  every  dollar;  and  he  knew 
that,  too. 

No  time  was  to  be  lost.  To  flee  the  country  was 
impossible ;  every  avenue  of  escape  was  closely  watched. 
There  was  but  one  refuj^e  left,  anil  that  had  never 
failed  him — his  benign  mother,  the  des[)erado's  alma 
inafcr,  the  law. 

Assuming  the  costi'me  of  an  elderly  female,  he 
dodged  a  detachment  of  the  San  Francisco  Committee 
sent  u|)  to  arrest  him,  cut  across  the  country  to  Stock- 
ton, thence  to  San  Jose,  and  uj)  to  San  Iwuh -iscu. 
Here,  on  the  IGth  day  of  Jul}',  ho  drove  to  court  in 
a  buggy,  still  disguised  us  an  old  wojnan.  that  he 
might  swear  out  a  writ  of  hahca.s  corj  •  v  for  his 
own  body  before  some  one  else  should  snatch  it 
from  liirv 

Mr  T.  Belcher  Kay  did  not,  however,  arrive  at 
court  a  stranger.  Before  leaving  San  Francisco  he 
liad  taken  steps  to  legally  secure  himself  to  himself 
On  the  llth  of  July,  the  day  of  Stuart's  execution, 
one  William  Thompson  Jr.  appeared  before  Hugh  C. 
^lurray,  of  inglorious  fame,  then  chief  justice  of  the 
supericn-  court  of  San  Francisco,  and  swore,  to  the 
best  of  his  knowledge  and  belief,   that  T.    Belcher 

•  1  • 

Kay  was  unlawfully  restrained  (jf  his  liberty  and  im- 
j)risoned  by  a  great  number  (jf  persons  styling  them- 
selves the  Vigilance  Counnittee,  and  that  the  said 
]>ersons  were  endeavoring  to  conceal  the  said  T. 
Belcher  Kay  in  order  that  ho  might  not  be  reached 
by  legal  process  until  they  could  strangle  him ;  where- 
upon the  said  court,  bewailing  such  a  fate  for  a  free 
city-burner,  directed  Sheriff  Hays  to  seize  the  body 
of  the  said  Kay  wdienever  and  wherever  it  might  be 
found,  and  to  liold  it  safely  for  himself  and  for  the 
law.  Now  the  truth  of  the  matter  is  that  the  Vigil- 
ance Committee  had  never  had  the  '">ody  of  Mr  Kay 
in  their  possession,  else  the  affidavit  of  Mr  Thompson 
would  have  been  useless. 

Fop.  Tbib..  Vol.  I.    U 


i  I 


!! 


MINOR  RASCALITIES. 


From  Sacramento  the  13th  of  July  Mr  Kay  wrote 
the  San  Francisco  Vigilance  Committee  as  follows : 

"Being  informed  that  certain  grave  charges  have  been  preferred  against 
me  by  the  man  Stuart,  and  that  you  wish  to  try  me  on  said  charges,  I  now- 
state  to  you  that  I  am  ready  and  willing  to  meet  the  same,  and  will  volun- 
tarily deliver  myself  up  the  moment  you  may  send  for  me,  trusting  to  your 
honor  for  a  fair  and  impartial  trial,  and  beg  of  you  to  secure  for  me  as  counsel 

Geary  Austin,  Esq.  "Very  respectfully, 

"T.  B.  Kay." 

How  Mr  Kay  kept  this  promise  we  have  already 
seen. 

Commenting  on  the  action  of  the  court  in  Kay's 
case,  the  Herald  of  July  24th  says: 

"Wlien  a  writ  of  habeas  corpus  was  sued  out  in  the  case  of  William 
Walker,  an  honest  citizen,  whose  sole  crime  was  a  conscientious  discharge  of 
liis  duty,  the  applicant  was  knocked  about  from  court  to  court  like  a  shuttk'- 
cock,  and  seven  days  elapsed  before  he  was  restored  to  his  liberty,  while  here 
in  the  case  of  a  man  charged  witli  felony,  known  to  have  been  the  companion 
of  thieves  and  burglars,  and  suspected  of  being  their  confederate,  the  portals 
of  justice  open  wide  to  receive  him  even  liefore  he  knocks  for  admission,  and 
a  process  issues  to  restore  him  to  liberty  before  he  is  known  to  be  in  durance. 
All  according  to  law,  perhaps ;  but  if  it  be  so,  then  that  law  acts  directly  for 
the  oppression  of  the  honest  man  and  the  immunity  of  the  knave.  We  cannot 
believe  the  law  was  ever  intended  for  any  sucli  purpose.  We  repeat,  then, 
that  here  is  a  case  demonstrating  the  necessity  of  a  Vigilance  Committee  anil 
disproving  all  the  cant  indulged  in  about  tlio  sacredncss  of  the  courts.  Tlicst' 
institutions  are  formed  for  the  purpose  of  dispensing  justice,  and  if  they  do 
not  answer  that  purpose  tliey  are  worse  than  useless. " 

Mr  Thompson  was  indicted  by  the  grand  jury  for 
perjury.  Mr  Belcher  Kay  was  discharged  by  tht; 
court  on  the  1st  of  August,  and  immediately  took 
passage  for  the  cast. 

Other  minor  matters  claim  attention.  One  Fran- 
cisco Guerrero,  on  the  12th  of  July,  was  murdered  at 
the  Mission.  The  coroner's  jury,  whose  investigation 
was  made  in  the  presence  of  the  Vigilance  Committee, 
named  Francis  Le  Bras  ps  the  murderer.  The  Com- 
mittee, from  the  evidence,  were  not  fully  satisfied  that 
Le  Bras  was  guilty  of  the  crime;  nevertheless  they 
retained  him  in  their  custody. 


r* 


COMMERCIAL  TRANSACTIONS. 


371 


rrote 

rs: 

against 
,  I  now 
i  volun- 
to  your 
counsel 

iAY." 

jeady 
Kav's 


William 

icharge  of 
a  shuttk" 
vhilo  hci(; 
jompanion 
,he  portals 
ission,  ami 
11  durancu. 
irectly  for 
^Vo  cannot 

icat,  then, 
mitteo  ami 
[•ts.    These 

if  they  ilo 


jury  for 
J  by  the 
llv  took 


Fran- 
Icred  at 
bigatioii 
imittee, 
ic  Com- 
ied  tlitit 
Us  they 


The  Committee  continued  to  take  testimony  for 
and  against  the  prisoner  all  that  day  and  part  of  the 
next,  without  being  able  to  convict.  Meanwhile  the 
sheriff,  with  a  posse  comitatus  and  writ  of  arrest, 
knocked  at  the  door  of  the  Vigilance  Committee 
rooms  and  demanded  the  person  of  Francis  Lc  Bras. 
The  sheriff  was  politely  informed  that  after  the  Com- 
mittee had  acted  upon  the  case  they  would  determine 
what  disposition  to  make  of  the  prisoner.  At  the  same 
time  the  sub-committee,  to  whom  the  case  had  been 
referred,  recommended  that  no  notice  should  be  taken 
of  the  writ,  and  if  it  be  thought  advisable  to  submit 
the  case  for  trial  at  court  by  the  authorities,  to  do  so 
of  their  own  free  will,  and  meanwhile  to  keep  in  cus- 
tody the  prisoner.  The  executive  committee  concluded 
finally  to  surrender  the  prisoner  to  the  civil  authorities, 
taking  from  the  sherifl*  a  receipt  for  the  delivery  of  his 
person.     Upon  this  action  the  Herald  ol)scrves: 

"The  Committee's  course  in  this  matter  sufficiently  refutes  the  charged 
that  have  been  made  against  them  that  they  were  anxious  to  assume  supremo 
powers  and  seize  every  opportunity  of  exercising  judicial  functions.  As  the 
community  will  perceive,  they  have  licretofore  confined  tlicir  action  exclu- 
sively to  cases  where  tlio  guilt  of  the  offenders  was  established  lieyoud  the 
possibility  of  cavil  or  doubt;  and  so  strictly  have  tliey  adhereil  to  this  course 
that,  whatever  other  charges  have  been  urged  against  tliem  by  their  opponents, 
none  liave  been  so  reckless  as  to  aasert  that  they  Jiave  ever  punished  an  inno- 
cent  man." 

Herewith  I  give  copies  of  receipts  for  prisoners  de- 
livered by  the  Vigilance  Committco  of  their  «jwn  free 
and  deliberate  will  to  the  oiUcers  of  tlie  law. 

"San  Fraxcis(;o,  July  23,  18.>1. 
"Received  of  the Committeo  of  Vigilance  of  the  city  of  San  Francisco  the 
following  prisoners,  handed  ovit  to  the  sherill"  of  said  county  by  (jrder  of  saiil 
Committee :  James  Bums,  alioi:  J  immy-from-Town ;  Ainsworth,  aliai  Round- 
head. , 

"  The  above  prisoners  being  sound  in  liody  and  health. 

"  Received  the  bbovo  prisonera  from  J.  L.  Van  Bokkelen,  of  the  Vigilance 

Committee,  Wednesday  night,  July  23d. 

"Jou.v  C.  Hays,  Shrif. 

"Wm.  Lambert,  Keeper. 


372 


MINOR  RASCALITIES. 


' '  Received  of  the  Committee  of  Vigilance  a  prisoner  named  George  Arthur, 
accused  of  house-breaking. 

"The  above  prisoner  has  been  received  from  J.  L.  Van  Bokkelen,  of 
Committee,  Wednesday  night,  July  23,  1851. 

"Sam'l  C.  Harding, 
"  Captain  Third  Diatrict  Police  Station." 

Jimmy-from-Town  gave  the  Committee  quite  a  little 
chase,  but  was  arrested,  six  days  after  Stuart's  execu- 
tion, near  Marysville.  His  true  name  was  James 
Burns.  He  was  convicted  of  various  crimes,  and  sen- 
tenced to  ten  years' .  imprisonment.  Jimmy  Round- 
head was  likewise  caught  by  the  Vigilance  Committee 
and  presented  to  the  sheriff. 

Afjain  the  tolling  of  the  Monumental's  bell  an- 
nounced  the  sitting  of  the  Committee  in  solemn 
conclave.  At  ten  o'clock  in  the  morning  of  the  Gth 
of  August,  18oI,  hundreds  were  seen  rushing  through 
the  streets  toward  the  rooms  of  the  Committee  on 
Battery  street. 

"  What's  up?"  asked  everybody  of  everybody. 

"  Don't  knou',  unless  Adams  is  to  be  tucked  up." 
Adams,  a  noted  burglar  and  boon  companion  of  Stuart, 
was  found  in  a  tent  on  the  American  River.  He  was 
a'^rested  by  the  emissaries  of  the  Vigilance  Committee 
and  brought  to  the  San  Francisco  head-quarters  the 
IDth  of  July.  But  Adams  was  not  to  be  'tucked  u[).' 
The  Committee  were  about  to  perform  an  act  which 
should  mark  the  nobleness  of  their  motives,  the  cool- 
ness of  their  demeanor,  and  the  temperate  firmness 
of  their  character,  more  conspicuously  than  even  the 
hanixint;  of  Jenkins  and  Stuart.  One  of  the  fearful 
ills  which  should  be  fastened  on  society  by  this  unrul}^ 
organization,  predicted  by  the  lovers  of  the  courts  and 
court  officials,  was  an  ever  increasing  thirst  for  power, 
which  should  rise  to  intoxication  and  degenerate  into 
licentiousness.  Again  we  see  the  Committee,  who 
had  spent  their  own  time  and  money  in  the  capture 
of  a  notorious  criminal,  and  in  gathering  the  evidence 


LAW-BREAKERS  GREAT  AND  SMALL. 


373 


of  his  guilt,  voluntarily  surrender  him  to  the  consti- 
tuted authorities,  to  be  tried  and  sentenced  in  accord- 
ance with  recognized  forms  of  law. 

"There  they  come!"  shouted  one,  as  Adams  ap- 
peared at  the  entrance  between  the  chief  of  the 
vigilant  police  and  a  deputy  sheriff.  They  marched 
toward  the  county  jail,  followed  by  several  members 
of  the  Committee  and  a  crowd  of  citizens.  The  spirit 
of  justice  smiled  on  her  ministers  that  day,  and  the 
court  was  not  slow  in  recognition.  The  lesson  of  alac- 
I'ity  had  been  well  inculcated;  scarcely  was  Adams 
lodged  in  prison  before  the  judge  had  him  out,  tried, 
and  condemned.  Even  the  anti-viffilance  ortjans 
were  satisfied  to  have  the  Committee  act  as  a  de- 
tective police,  and  signified  their  willingness  that 
the  organization  should  continue  on  that  basis — sug- 
gestions in  regard  to  which  the  Connnittee  were 
profoundly  indifferent. 

Mrs  Hogan  secreted  lierself  on  board  of  a  ship  lying 
in  the  harbor,  but  was  seized  by  tlie  Vigilance  police 
and  brought  to  the  Connnittee  rooms  on  the  19th. 
She  was  about  thirty-five  years  of  age  and  (juite  gen- 
teel in  appearance.  Her  carriage,  one  of  the  finest 
in  the  city,  stood  at  the  door  of  the  Vigilance  Com- 
mittee rooms  on  the  day  of  her  arrest,  l)ut  at  night 
the  lady  did  not  drive  away  in  it,  although  tlicre  was 
not  at  present  testimony  sufficient  for  hav  conviction. 

Thieves  arrested  by  citizens  nt  the  great  June  lire 
were  taken,  as  a  matter  of  courst;,  before  the  Vigilance 
Connnittee.  One  was  publicly  wliijtped  and  onlered 
to  leave  the  city.  Five  thousand  dollai-s  reward  was 
otfered  for  the  ap])rehension  and  conviction  btjfore  the 
Committee  of  any  incendiary,  and  notice  to  that  efiect 
appeared  in  English,  French,  Spanish,  and  German, 
in  the  journals  of  the  day. 

Dab  was  arrested  one  ni<jht  on  board  the  steam- 
boat  Neiv  World,  oi  route  from  Sacrament^  to  San 
Francisco.    Dr  Kennedy,  surgeon  of  the  ahiy)  Joiuifitone, 


374 


MINOR  RASCALITIES. 


was  arrested  for  stabbing  the  captain — a  system  of 
surgery  practised  even  by  some  who  could  not  show 
a  diploma. 

Samuel  Purdy,  while  candidate  for  the  office  of 
lieutenant-governor,  assaulted  Mr  Robb  of  the  Stock- 
ton Journal  in  such  a  manner  as  to  call  forth  the 
severest  comments  of  the  press. 

The  captain  of  the  brig  Hallowell  was  taken  into 
custody  by  the  Vigilance  Committee  on  Sunday,  the 
24th  of  August,  for  having  caused  the  death  of  a 
boatman,  but  after  examination  he  was  surrendered 
to  the  authorities. 

Early  in  July  a  tent  on  the  Middle  Fork  of  the 
American  River  was  entered  and  twenty-three  hun- 
dred dollars  stolen  from  a  trunk.  Suspicion  pointed  to 
one  Hamilton  Taft,  who,  having  fled  to  San  Francisco, 
was  arrested  at  the  Branch  Hotel  by  two  members  of 
the  Vigilance  Counnittec.  The  prisoner  asserted  his 
innocence,  but  on  being  searched  gold  dust  and  coin 
were  found  upon  his  person,  and  a  portion  which  he 
had  thrown  into  a  sink  answered  to  a  description  of 
that  which  was  lost.  The  man  was  then  taken  to  the 
Committee  rooms,  where  shortly  after  he  confessed 
the  crime.  He  was  sent  back,  under  a  strong  guard, 
to  be  dealt  with  by  the  authorities  at  Auburn. 

Arrentrue  was  indicted  by  the  grand  jury  for  at- 
tempt to  murder  in  the  mines,  and  for  assisting  Wat- 
kins  to  escape  jail.  Benjamin  Lewis,  found  guilty  of 
arson  by  the  court,  was  sentenced  to  two  years  in  the 
state  prison.  This  was  the  highest  punishment  for 
the  offence  as  the  law  then  st5od.  Two  days  after, 
however,  a  new  statute  went  into  effect  which  made 
arson  punishable  by  death.  Lewis  went  happily  to 
prison,  rejoicing  in  the  promptitude  of  trials  in  Cali- 
fornia. 

Briggs,  the  'Sydney  duck,'  mentioned  in  Stuart's 
confession,  was  reported  as  being  in  San  Francisco 
on  the  1 5th  of  October.  All  night  members  of  the 
Committee  were  on  the  alert,  but  the  morning  dis- 


■ :   f 


SOME  ARE  SENT  AWAY. 


373 


closed  the  fact  that  he  had  left  the  day  previous  on 
the  brijy  General  Cohh,  or  the  British  bark  Francis, 
bound  for  Australia,  A  committee  was  appointed  to 
wait  upon  the  collector  of  the  port  and  obtain  the 
requisite  authority  to  search  the  two  vessels.  They 
pursued  the  fugitive,  pushing  out  through  Golden 
Gate  in  the  steamer  Firejly.  Boarding  the  Cohh, 
they  ascertained  that  Briggs  was  not  there.  The 
brig  Francis  was  a  long  way  off;  the  steamer  fuel  was 
low,  and  they  were  obliged  to  abandon  the  chase. 

John  Goff  was  informed  by  the  Committee  that  he 
must  leave  the  country,  and  many  thought  it  an  un- 
just sentence;  whereupon  the  Committee  caused  to 
appear  in  the  public  journals  the  facts  that  Goif  was 
a  convict,  a  bad  character,  and  the  boon  companion  of 
burglars.  In  his  possession  was  found  a  conditional 
pardon,  given  in  Sydney  the  1st  of  ]\Iay,  1841),  by 
Sir  Charles  Augustus  Fitzroy,  governor  of  New  South 
Wales — the  condition  being  that  Mr  Goff  might  go 
free  in  any  part  of  the  world  except  Great  Britain 
and  Ireland;  there  his  pardon  would  be  forfeited  if 
lie  presented  himself  Mr  Goff  was  obliged  to  de- 
posit with  the  Committee  a  sum  of  money  as  a  guar- 
antee that  he  would  quit  the  country  by  the  brig  Veto, 
bound  for  Sydney', 

Mr  Hetherington,  destined  to  yet  higher  inglori- 
ous fame,  was  at  this  time  keeping  a  notorious  den 
at  North  Beach;  being  warned  to  leave,  instead  oi' 
obeying,  he  applied  to  the  courts  for  protection. 
The  days  of  grace  expired;  two  hundred  men  sur- 
rounded his  premises,  aiicsted  him,  and  placed  him 
on  bo.' 1  .  a  vessel  in  the  harbor,  there  to  await  tlu; 
first  departure  for  Sydney.  We  shall  meet  this 
gentleman  again. 

A  young  man  named  Harrison,  son  of  an  honest 
and  highly  respected  gambler,  John  Harrison,  one  of 
the  oldest  in  New  York  city,  who  was  ordered  by 
the  Committee  to  depart  from  these  shores,  had 
quite   a   strange    career    subsequently.     From  Julia 


r  I 


370 


MINOR  RASCALITIES. 


I  ) 


Brown,  his  prostitute  mother,  he  inherited  some 
property.  After  favoring  Cahfornia  with  his  absence 
he  went  to  Kansas.  Walking  along  the  streets  of 
Leavenworth  one  day,  he  boastfully  counted  oti  his 
lingers  to  a  companion  eleven  men  whom  he  had 
killed.  Suddenly  he  drew  his  pistol,  exclaiming,  "I 
must  have  twelve  jurymen  in  hell  to  try  mc  when  I 
go  there!"  and  fired,  shooting  a  German  cobbler  at 
work  on  the  opposite  side  of  the  street.  He  made 
good  his  escape.  Next  we  hear  of  him  at  the  head 
of  twenty-five  desperadoes,  playing  soldier  in  18G1. 
Driven  from  the  army  for  bad  conduct,  he  lied  to  the 
Indian  Territory,  raised  a  company  of  half-breeds,  and 
began  a  series  of  depredations  on  both  sides  of  the 
line.  These  bold  measures  were  kept  up  till  one 
day,  in  a  town  in  Arkansas  which  he  had  robbed,  he 
was  captured  by  the  citizens,  who  killed  him  very 
dead:  first  they  hanged  him;  then  they  decapitated 
him  and  placed  his  head  upon  a  pole. 

In  the  matter  of  Saumcl  Gallagher,  accused  of 
killing  Pollock,  tlic  Vigilance  Committee  declined  to 
act,  on  the  ground  that  it  was  not  part  of  their  pur- 
pose to  lake  cognizance  of  personal  quarrels,  but 
ratiier  to  direct  their  surgerv  against  chronic  diseases. 
Rapine,  with  its  attendant  burglaries,  incendiarisms, 
and  murders,  the  Conuiiittce  made  it  their  more  special 
duty  to  suppress,  leavmg  to  the  law  private  animosi- 
ties and  minor  questions  of  justice. 

Strange  freaks  of  human  nature  were  seen  at  times 
about  this  strange  tribunal.  A  negro  confessed  to 
havino;  started  the  late  conflagration,  and  was  arrested 
bv  the  Vigilance  Conunittee.  After  exa,mmation,  m 
which  were  r(>peated  confessions  and  denials,  he  was 
discharged.  At  another  time  a  man  rushed  to  the 
door  of  the  Committee  rooms  and  attempted  to  gain 
admission.  Stopped  by  the  sergeant-at-arms,  he  in- 
sisted on  entering  to  receive  punishment  for  stealing. 
He  was  finally  driven  away.    And  yet  neither  of  these 


B  I  ' 


MR  JAMES  DOWS. 


377 


men  seemed  insane,  though  they  may  have  been  a 
little  bewildered  by  a  bad  conscience. 

More  fearful  of  vigilant  justice  than  that  of  the 
law,  some  offenders  surrendered  to  the  latter  and 
voluntarily  confessed  secret  sins, — instance  the  case 
of  Alfred  Edmondson,  who  walked  into  the  sheriff's 
office  o.ie  day  in  July  and  stated  that  he  had  shot  one 
McKinley  at  a  ranch  thirty  miles  distant. 

A  reform  was  noticed  about  this  time  in  the  pro- 
ceedings of  street  encounters.  The  revolver's  click 
was  less  often  heard,  and  in  its  stead  the  air  rever- 
berated with  the  whizzing  of  the  cowhide.  Women 
played  this  instrument  as  well  as  men;  it  was  less 
.sanguinary  than  the  old  way,  and  more  in  keeping 
with  the  hate  of  v/^oman,  who  loves  best  that  method 
which  inflicts  the  most  punishment  with  the  least 
danger. 


imes 
d  to 
3ste(l 


On  one  occasion  when  Selim  Woodward  was  in  the 
chair  and  the  members  in  full  attendance,  the  general 
committee  had  before  them  on  trial  a  Mexican  boy 
charged  with  theft.  The  evidence  was  in,  conviction 
clear,  and  the  only  remaining  question  was  the  kind 
of  punishment.  Some  were  for  banishment,  some  for 
whipping,  and  others  for  something  more  severe.  Mr 
James  Dowes,  then  as  ever  a  central  figure  for  humor, 
liad  already  addressed  the  assembly  twice,  and  wished 
to  speak  again,  but  the  rule  was  rigid  that  no  one 
should  speak  more  than  twice  on  the  same  subject  or 
occupy  more  than  five  minutes.  Dowes  induced  a 
liiend  to  secure  the  floor  and  then  waive  in  his  be- 
half, and  raisin<jf  liis  lonfj,  lank  form  liisjch  above  all 
around,  in  that  nasal  twang  and  cjaculatory  delivery 
peculiar  to  him,  he  said:  "Gentlemen,  I  do  not  wish 
to  i'atigue  you;  I  beg  merely  to  say  that  it  takes  no 
longer  to  hang  a  man  than  to  whip  one."  The  manner 
of  it  was  more  than  the  matter;  the  Committee 
roared,  and  immediately  released  the  boy  with  a  simple 
reprimand. 


fjt 


MINOR  RASCALITIES. 


Mr  Dows,  who  was  a  fearless  and  vehemently  un- 
compromising member  of  both  Vigilance  Committees, 
during  the  winter  of  1850-1  kept  a  large  liquor  store 
on  Montgomery  street,  where  Montgomery  Block 
now  stands.  Those  were  thirsty  days,  and  thither 
flocked  men  of  every  caste  and  color  to  drink.  Side 
by  side  drank  mechanics  and  murderers,  honest  men 
and  thieves,  the  latter  looking  and  listening  as  they 
quaffed  their  poison.  One  night,  when  Mr  Dows'  safe 
contained  ten  thousand  dollars'  worth  of  gold  dust,  tlio 
burglars  opened  and  emptied  it;  and  next  moruino-, 
upon  the  spot,  mingling  with  others  whom  curiosity  had 
drawn  thither,  were  the  thieves  themselves,  quietly 
taking  their  beverage  and  complacently  regarding  the 
havoc  they  had  made.  Jimmy- from -Town  was  chief 
of  this  plot,  and  subsequently  Mr  Dows  had  the 
pleasure  of  sitting  in  judgment  upon  him. 

As  a  matter  of  course,  it  was  to  be  expected  that 
our  celestial  brother,  John,  should  find  occasion  to 
utilize  this  as  well  as  other  American  institutions. 
All  Sing  and  Lip  Scorn  for  some  reason  desired  that 
Ah  Lo  and  Ah  Hone,  with  two  women  of  the  neither 
wife  nor  maid  species,  should  be  sent  back  to  China. 
They  were  bad  Chinamen,  said  the  almond-eyed,  they 
struck  from  the  shoulder,  kept  a  bad  house,  and  be- 
longed to  the  law  and  order  party.  All  which  was 
not  difficult  of  belief;  but  amongst  millions  of  century- 
smoked  souls  how  distinguish  one  from  the  other? 
What  is  the  difference  between  a  good  Chinaman  and 
a  bad  Chinaman? 

Nevertheless,  as  the  first  two  named  spoke  first 
their  accusation — which  if  reversed  would  have  been 
very  much  the  same,  either  party  answering  equally- 
well  for  plaintiff  or  defendant — as  they  expressed  an 
anxiety  to  assist  in  purging  the  city  in  the  latest 
fashion,  and  by  a  method  other  than  that  of  the  stand- 
ing Jackson-street  emetic;  and  above  all,  as  the}' 
proposed   to   pay  all   the    expenses  of  custody  and 


DOWNCAST  ALMONDEYES. 


379 


passage  back  to  China,  the  dread  tribunal  granted 
their  prayer.  Indeed,  they  might  empty  every  sub- 
urban sink-hole  in  California  on  the  same  terms  if 
they  liked. 

But  seriously,  testimony  of  a  sufficiently  respectable 
character  to  convict  these  flowery  offenders  of  arson, 
of  having  drugged  and  robbed  sailors,  was  offered  the 
Committee,  and  they  were  compelled  to  depart.  At 
the  same  time  charges  were  preferred  by  their  coun- 
trymen against  Ah  Loh,  Sin  Co,  and  Ah  Oeh;  but 
this  the  Committee  voted  a  conspiracy,  and  made  the 
complainants  understand  that  the  order  of  exile  in  its 
application  was  neither  universal  nor  permanent. 


CHAPTER    XXV. 


THE  INQUISITORS  IN  COUNCIL. 

Though  the  mills  of  God  grind  slowly,  yet  they  grind  exceeding  amall ; 
Though  with  patience  he  stands  waiting,  witit  exactness  grinds  he  all. 

Friedrich  Von  Logan. 

We  have  seen  that  July  was  a  busy  month,  and 
the  accumulated  documents  show  that  the  month  of 
Auijust  was  not  an  idle  one.  Aside  from  the  stirrinsf 
affairs  connected  with  Whittaker  and  McKenzie  there 
were  a  score  or  more  of  the  minor  members  of  the 
now  scattered  fraternity  to  be  looked  after,  corre- 
sjiondencc  witli  country  Committees  had  to  be  kept 
up,  the  sij^nificance  of  legal  technicalities  studied, 
trials  held,  witnesses  examined,  funds  raised,  and  a 
liundrcd  other  like  duties  performed.  It  is  won- 
derful to  what  a  state  of  perfection  the  new  ma- 
chinery was  brought  within  the  first  three  months  of 
its  running.  Wonderful  it  is  what  men  of  sense  and 
skill  can  do  when  possessed  of  that  power  which 
secures  them  alisolute  freedom  of  thoufjht  and  action. 

.     •  •  •  • 

That  political  libertinism  did  not  follow  this  deluge 
of  liberty  is  the  strongest  proof  of  the  even  balance 
of  their  minds  and  the  integrity  of  the  hearts  of  those 
who  achieved  this  great  moral  victory. 

At  a  general  meeting  on  the  2d  of  August  a 
committee  was  appointed  to  report  on  the  use  and 
abuse  of  the  writ  of  habeas  corpus.  Devised  in  the 
hour  of  oppression,  observed  the  committee,  as  a 
safeguard  of  liberty  it  is  one  of  the  most  precious 
rights  of  man.    The  intention  of  the  writ  is  to  relieve 

from  unjust  confinement  a  person  accused  but  not 

[;»80] 


THE  QUALITY  OF  HABEA8  CORPUS. 


Mt 


convicted  of  crime,  on  condition  that  he  offer  suf- 
ficient security  to  appear  and  answer  to  the  oharij^o 
when  called  for.  The  question  in  this  connection  is, 
May  it  ever  be  disre<^arde<l?  The  weakness  of  the 
habeas  corpus  lies  in  the  fact  that  to  insure  its  rapid 
action  the  rij^ht  of  granting  it  must  be  vested  in  many 
officers.  False  testimonv  or  an  oath  made  on  erronc- 
ous  information  may  in  an  instant  wrest  from  the  hand 
of  justice  the  criminal  whom  it  has  re(|uired  much 
labor  and  expense  to  secure,  and  tluis  this  gr-eatust  of 
civil  blessings  may  in  effect  prove  baneful.  It  is 
against  the  abuse  of  the  habeas  corp'is  that  tlie  peo[)le 
are  called  to  raise  their  voice.  A  peculiar  contUtion 
of  society  may  render  the  unrestrained  use  of  the 
writ  dangerous  to  the  state.  Policy  sometimes  re- 
quires its  suspension — instance  the  wars  of  tlie 
Jacobins,  En<;land  during  the  reign  of  Georsjfe  I.  and 
at  various  ej)ochs.  Should  the  Vigilance  Committee 
deem  it  expedient  to  resist  the  writ  ujion  occasions, 
it  has  the  sanction  of  precedent.  The  existence  of 
this  Committee,  formed  as  it  is  of  the  best  material 
of  society,  is  proof  sufficient  of  its  necessity.  The 
writ  of  /uiJteas  eo.  pus,  among  other  mechanisms  of 
tlie  law,  has  certainly  been  em[)l()yed  for  shielding 
iniquity,  and  it  remains  either  for  the  Committee 
of  Vigilance  to  degenerate  into  a  mere  detective  j)olice, 
or  to  free  itself  from  the  fear  of  resisting  the  writ 
when  they  see  it  abused.  They  cannot  afford  to  catch 
criminals  for  habeas  corpus,  or  any  othei-  law  trick,  to 
liberate.  Such,  and  more  of  the  same  tenor,  the  gen- 
tlemen appointed  rej)orted  to  the  Committee;  account- 
ing it  the  right  of  the  Committee  to  regulate  the  writ 
of  habeas  corpus,  or  anything  else  affecting  the  wel- 
fare of  the  commonwealth. 


Prompted  by  their  gratitude  to  those  who  had  re- 
stored safety  to  the  city,  the  ladies  of  San  Francisco 
presented  to  the  Committee  of  Vigilance  a  banner  of 
blue  silk,  emblazoned  with  a  border  of  oak,  olive,  and 


382 


THE  INQUISITORS  IN  COUNCIL. 


fig  leaves,  emblematic  of  strength,  peace,  and  plenty; 
inscribed  on  one  side  were  the  words,  in  golden  char- 
acters: 

"The  Vigilance  Committee  of  the  City  of  San  FranciBco: 

Instituted  June  N,  iSSl, 

For  the  Protection  of  the  Lives  and  Property 

of  the  Citizens  and  Residents  of  the 

City  of  San  Francisco. 

Const.,  Art.  /." 


And  on  the  reverse : 

"Presented  to  the  Vigilance  Committee 

of  the  City  of  San  Francisco 

By  the  Ladies  of  Trinity  Parish,  as  a 

Testimonial  of  their  Approbation. 

•DO  KIQHT  AND  FEAll  NOT!" 
August  9,  1851." 

Estimating  the  compliment  by  its  cost,  which  was 
nearly  one  thousand  dollars,  we  may  believe  that  the 
gift  was  from  the  heart.  The  banner  was  presented 
by  Benjamin  S.  Brooks,  in  a  neat  and  pertinent  speech, 
which  concluded  as  follows : 

"This  gift  comes  with  peculiar  appropriateness  from  the  ladies.  At  the 
time  that  this  society  was  organized  our  situation  was  very  different  from 
what  it  is  at  present.  It  is  true  that  the  strong  man,  with  loaded  revolvers 
in  liis  pocket  and  bowie-knife  concealed  in  his  breast,  might  defy  the  attacks 
of  the  Sydney  convict,  and  the  refuse  of  all  the  world  which  infested  our  city, 
hut  it  was  different  with  the  weak  and  defenceless  woman.  She  who  sits 
patiently  at  home  waiting  for  her  husband's  return  from  his  business,  in  every 
noise  about  the  hoi'se  she  fears  the  burglar  and  the  robber.  If  she  leaves  the 
liouse,  a  thousand  >ars  beset  her  for  the  safety  of  her  children ;  if  the  husband 
is  delayed  beyond  's  usual  time,  a  thousand  fears,  a  thousand  horrid  visions 
of  murder,  and  oi  vge,  and  violence  come  upon  her  heart,  and  fill  her  with 
anguish  and  disma  Such  was  San  Francisco ;  but  now  we  live  in  peace.  We 
sit  beneath  our  vine  id  fig  tree  happy  and  secure,  and  woman's  heart  feels, 
and  this  her  gift  cXj  isses,  her  gratitude.  Gentlemen,  accept  this  gift,  and 
all  your  actions,  in  .1  the  assaults  which  may  be  made  upon  you  by  those 
who  hate,  or  those  v  o  fear,  or  those  who  doubt,  remember  the  motto  which  it 
bears,  'Do  right  and  fear  not,'  for  in  the  end  blessings  will  ever  reward  you 
for  your  laborious  vigilance  for  the  protection  of  our  lives  and  property." 


DONATIONS  AND  CONGRATULATIONS. 

Committeeman  No.  404,  at  the  general  meeting  of 
August  9th,  offered  the  following  resolution,  which 
was  adopted: 

"WitKREAS,  There  is  a  United  States  law  inflicting  a  fine  of  one  thousand 
dollars  upon  captains  of  Teasels  for  each  con\'ict  that  they  hring  from  the  penal 
colonics  of  Great  Britain  to  the  United  States,  one  lialf  of  which  fine  is  awanletl 
the  informer;  therefore, 

"Renohrd,  Tiiat  the  executive  committee  bo  (lirectc<l  to  lodge  infonnation 
forthwith  against  the  captains  now  in  port  who  have  Iwen  guilty  of  this  offence, 
and  to  prosecute  tliu  matter,  and  that  the  proceeds  bo  appropriated  to  the  ob- 
jects of  this  Committee." 

A  letter  was  received  from  Messrs  Flint,  Peabody, 
and  Company,  inclosing  one  hundred  dollars.  The 
j^ift  was  accompanied  by  a  letter  couched  in  the  fol- 
lowing terms: 

"Plciise  find  herewith  check  for  one  hundred  dollars,  which  wc  ask  you 
to  accept  as  a  small  token  of  our  appreciation  of  your  efforts  to  punish  iiiid 
suppress  crime  in  our  midst.  We  have  sympathized  with  you  since  your  first 
(irgani?4ition.  We  appreciate  your  labors  in  behalf  of  tliiscity ;  and  knowing 
that  you  have  been  iit  much  expense,  we  deem  it  our  duty  to  bear  some  shart- 
I  if  the  sam<\  We  trust  that  in  the  present  crisis  your  action  will  be  charac- 
terized by  your  usual  prudence  and  firmness,  and  that  you  will  not  entertain 
a  thought  of  discontinuing  your  efforts  in  so  noble  a  cause." 

During  the  month  of  September  there  was  a  slight 
falling  off  in  the  volume  of  business  transacted :  still 
there  was  sufficient  work  to  keep  up  the  enthusiasm 
of  the  association.  Many  offenders  wore  captured 
aufl  delivered  to  the  sheriff.  Between  the  Com- 
mittee and  the  authorities  general  good-fellowshi[) 
now  prevailed. 

The  latter  had  vindicated  the  ruffled  dignity  of  the 
law  in  their  futile  attempts  to  baffle  the  will  of 
the  people;  wliilo  the  former,  having  achieved  in  the 
accomplishment  of  its  purposes  a  proud  success,  with 
calm  complacency  held  steady  the  reins  of  govern- 
ment, bidding  the  law  take  heart  and  have  no  fear  as 
to  tlie  ultimate  result. 

The  following  report  of  the  executive  committee  to 


384 


THE  INQUISITORS  IN  COUNCIL. 


I 


the  general  committee  exhibits  the  status  and  senti- 
ment of  the  association  at  this  time : 

"Executive  Cuamber,  September  6,  1851. 
"To  the  gentlemen  composing  the  Committee  of  Vigilance  qf  San  Francisco: 

"The  executive  committee  of  yourbody  havolabored  arduously  to  accom- 
Ijlis'i  the  business  committed  to  them,  in  the  discharge  of  which  they  have 
li;id  but  a  single  eye  to  the  safety  and  prosperity  of  their  fellows.  It  is  with 
much  sincere  satisfaction  that  they  are  enabled  to  say  that  the  reports  before 
you  embrace  action  in  relation  to  every  prisoner  in  their  charge,  and  it  now 
only  remains  for  your  sub-committee  to  see  the  prisoners  depart  and  not  keep 
them  in  duress. 

"We  also  have  heartfelt  pleasure  in  communicating  the  fact  that  many  of 
the  prisoners  not  only  are  enabled  to  pay  their  own  pass;igcs,  but  are  willing 
to  depart  in  perfect  satisfaction  with  the  acta  of  the  Committee ;  your  coiii- 
mittce  have  rendered  them  every  facility  that  humanity  and  prudence  could 
dictate. 

"Amongst  the  cases  before  us  were  two  of  husband  and  wife ;  those  two 
oases  demanded  ,r  attention;  your  committee  have  separated  the  parties 
for  their  own  good,  and  by  tlio  separation  may  bo  the  means  of  saving  mucli 
anguish.  Our  labors  arc  now  completed,  and  so  far  peace  and  security  have 
attended  our  clibrts  for  tlic  public  good;  wc  earnestly  lioi)e  that  the  blessing 
of  Almighty  God  may  rest  upon  us ;  may  the  cessation  of  our  labors  be  no 
cauHc  on  the  part  of  the  vicious  to  renew  their  course  of  life  to  the  injury  of 
the  people.  We  trust  that  those  in  power  at  tliis  time,  and  those  who  shall 
succeed  them  by  reason  of  tlic  late  election,  may  so  learn  wisdom  that  in  the 
exercise  of  their  representative  duties  tliey  may  case  the  weight  from  the 
shoulders  of  their  constituents,  and  thereby  honor  their  common  country  and 
preserve  their  institutions  unsullied.  It  will  now  become  you  to  adopt  some 
action  for  tie  future,  to  so  base  tlic  present  institution  that  it  may  silently  be 
a  terror  to  all  evil-doers  and  a  rewarder  of  all  that  do  well;  that  it  may  be 
the  guardian  spirit  of  the  land.  With  feeling  of  high  respect  and  esteem, 
"Believe  me,  your  obedient  ser\'ant  and  well-wisher, 

"S.  Payhan." 

Eighteen  'nembers  were  present  at  the  meeting  of 
Scptouibor  27th,  and  thirteen  the  30th  of  September. 
Nino  members  constituted  a  quorum  from  this  date. 
At  the  former  of  these  meetings  Sehm  E.  Woodworth 
was  elected  first  vice-president  and  G.  W.  Ryckman 
second  vice-president.  At  the  latter  meeting  Mr 
Ryckman  stated  that  there  was  then  a  Mexican  in  the 
city  v'ho  had  committed  seven  murders,  one  of  them 
within  a  w^ek,  and  moved  that  he  should  be  arrested. 
After  due  discussion  it  was  decided  that  under  their 


REORGANIZATION. 


385 


)1. 

:o: 

icotn- 
have 
1  with 
before 
it  now 
t  keep 

lany  of 
willing 
ir  com- 
;e  coulfl 

lOSc  two 
5  parties 
n(T  mucli 

rity  lia\<" 
3  blessing 
)r8  be  no 
injury  of 
svlio  sluiU 
liat  ill  the 
from  tl>e 
LUitry  iiutl 
llopt  some 
(ilently  be 
it  may  be 
ibteem, 


^EAN. 


ting 


of 


icmbcv. 
IS  (late, 
hvorth 
rckman 
iicr   ISlv 
tn  tlio 
If  them 
IresteJ- 
Isr  their 


lato  reorganization  the  executive  committee  were  not 
autborizcd  to  make  arrests.  It  had  been  the  hope  of 
the  Committee  that  they  would  bo  called  upon  to 
make  no  more  arrests,  but  this  was  not  to  be.  In  anv 
event  the  sentiment  was  worthy  of  them,  showing  as 
it  did  their  lionesty,  good  sense,  and  manliness.  They 
had  no  desire  to  cloof  the  wheels  of  jfovernment  or 
throw  obstacles  in  the  way  of  ilue  administration 
(jf  law.  Though  possessed  of  ample  power  tliey 
would  use  it  only  upon  principle ;  they  would  not  even 
permit  themselves  to  stand  before  their  fellows  and 
before  the  world  a  palpable  and  permanently  organized 
oligarcliy.  Amidst  the  many  broils  and  civil  wars 
which  history  loves  to  paint,  almost  all  of  which  arc 
purely  for  personal  or  party  aggrandizement,  it  is  re- 
freshing to  see  able  and  honest  men  acting  from  motives 
of  unquestioned  purity. 

Subsequently,  modified  power  to  make  arrests  was 
.again  given  the  executive  connnittee  by  the  general 
committee,  but  no  important  action  should  be  taken 
unless  formally  sanctioned  by  the  general  committee. 

New  by-laws  were  submitted  and  approved  the 
27th  of  September,  organizing  the  body  anew  with  a 
president,  two  vice-presidents,  a  secretary,  treasurer, 
and  sergeant-at-arms,  all  of  wliom  should  ])e  elected 
for  a  term  of  six  months.  Stated  meetings  were  to 
be  held  every  Wednesday.  On  the  2d  of  October  a 
salary  of  one  hundred  and  fifty  dollars  a  month  was 
voted  the  sergeant-at-arms,  whose  duties  consisted  in 
keeping  the  roonio  and  ))roj)erty  of  the  Conmiittee, 
serving  notices,  and  exercising  supervision  over  the 
I)risoners,  should  there  l>e  any.  The  following  meet- 
ing, held  the  8th  of  October,  voted  the  secretary  a 
salary  of  one  hundred  tlollars  a  month. 

These  by-laws  read  as  follows: 

"There   shall  be  elccteil  monthly  a  president,  secretary,  and  treasurer 

of  the  Committee  of  Vigilance.     There  shall  be  appointed  by  tlio  Conimitteeof 

Vigilance  a  sergoant-at-arms,  a  marshal,  or  chief  of  police,  and  five  assistant 

marshals ;  also  an  executive  committee  of  twenty  members,  the  president  of 

Pop.  Tbib.,  Vol.  I.    33 


386 


THE  INQUISITORS  IN  COUNCIL. 


the  Vigilance  Committee  acting  as  ex  ojficio  president  of  the  executive  cammit- 
tce.     The  remainder  of  the  Committee  of  Vigilance  shall  be  divided  into 
squads  or  companies  of  twenty  men  each ;  each  squad  shall  elect  its  own  cuji- 
tiiin.     The  object  of  this  subdivision  is  to  make  members  better  acquaint!  d 
one  with  the  other,  and  each  captain  with  the  whole  of  his  particular  com- 
pany.    At  the  present  time  there  will  consequently  l)e  about  thirty  captains. 
The  companies  shall  be  numbered  from  one  to  thirty.     It  will  be  the  duty  of 
each  captain  to  see  that  the  men  under  him  attenu  properly  to  guard  and 
other  duties  assigned  them.     That  tiiey  pay  their  fines  and  dues  'vhen  delin- 
quent ;  and  he  shall  report  them  for  bad  or  suspicious  conduct,  as  well  as  for 
neglect  of  duty,  when  necessary.     Two  squads  or  companies  will  furnish  the 
exact  n\inibcr  of  men  requisite  for  the  guard  during  the  twenty-four  hours ; 
and  they  shall  be  ordered  to  do  duty  by  the  sergeaut-at-arms  through  their 
captains  in  regular  rotation — companies  one  and  two  one  day,  three  and  four 
the  next,  and  so  on.     From  the  companies  not  on  duty  the  chief  of  police 
or  his  assistants  may  at  all  times  select  such  men  as  he  may  recjuire  for  police 
duty,  giving  his  orders  to  such  men  always  through  the   captains  of  the 
respective  companies;  as,  for  example:  'Captain  of  No.  30,  I  require  from 
your  company  by  twelve  o'clock  three  men,  who  shall  proceed' —  and  so  fortli. 
After  the  chief  of  police  or  any  of  his  assistants  shall  have  taken  or  received 
any  prisoners,  he  or  they  shall  turn  them  over  to  the  sergeant-at-arms,  pro- 
vided he  consider  that  the  quarters  under  charge  of  said  sergciint  are  suffi- 
ciently secure  to  keep  tliem  safely;  but  should  he,  the  chief,  think  projicr  for  the 
better  keeping  of  said  prisoners  to  remove  them  to  other  quarters  than  thono 
in  the  building  used  by  the  Committee  of  Vigilance,  he  may  have  the  power 
to  do  so.   It  is  to  l)e  perfectly  understood  that  until  they  are  so  turned  over  by 
the  cliief  or  his  a-ssistants  he,  the  said  chief,  be  responsible  for  them  ;  but  after 
being  placed  in  the  hands  of  the  sergeant,  then  he,  the  sergeant,  shall  become 
responsible  for  the  said  prisoners,  and  the  chief  and  his  assistants  shall  have 
no  longer  any  authority  to  act  in  the  disposition  of  said  pri-joners,  unless 
notified  to  do  so  by  an  order  from   the  executive  committee.     Should   it 
happen,  however,  that  dnring  the  absence  of  a  quorum  of  said  executive 
connnittee  the  sergeant-at-arnis  might  think  it  necessary  to  send  prisoners 
forth  frcmi  the  building  to  more  secure  quarters,  then  he  may  have  the  pow(?r 
to  place  such  prisoners  at  such  time  in  the  hands  of  the  chief  or  his  assisttmts, 
directing  them  to  carry  said  prisoners  to  sucii  quarters  as  he,  the  chief,  nijiy 
think  safe ;  and  thereupon  the  authority  and  power  of  saiil  sergeant-at-aniis 
over  said  prisoner  or  prisoners  shall  cease,  and  the  chief  or  his  assistants 
shall  become  responsible  for  said  prisoners  so  removed.     It  shall  be  the  duty 
of  the  sergeant-at-arms  to  take  all  care  and  charge  of  the  prisoners  in  the 
building  occupied  by  the  Vigilance  Committee ;  to  take  proper  means  to  pre- 
vent the  adniLssion  of  any  but  members,  witnesses,  or  prisoners  into  said  build- 
ing; also  to  see  that  the  said  building  is  pr(J|)erly  cleaned  and  ligliteil,  and  to 
do  such  other  iluty  in  the  way  of  sendinL'  notices  and  advertisements  as  iiiiiy 
Ik;  ordered  by  the  executive  connnittee  or  by  note  of  the   Committee  uf 
Vigilance.     He  siiall,  moreover,  have  the  power,  whenever  in  his  judgnuiit 
necessary,  to  prevent  all  connn'.mication  between  memijers  of  the  Committio 
of  Vigilance  and  uuch  prisoacra  as  arc  ia  his  charge,  excepting  the  meinbcis 


THE  NEW  BY-LAWS. 


3S7 


it- 

ito 

aV 

t..l 

oni- 

liiw- 

lyoi 

lelm- 
isfor 
ih  the 
loura ; 
I  their 
1(1  foni- 

polii;'-' 
r  police 

of  the 
^rc  fvom 
so  forth, 
rcccivcil 

rms,  pi^o- 

are  su^'' 
icrfovthe 

Ivan  thor>e 
[ho  power 
•aovcrhy 
hut  after 
lU  hccovne 
ihall  have 
,,.s,  unless 
|S\iouW  it 
executive 
prisoners 
ithe  power 
assistiiwt^' 
chief,  may 
lut-at-arnis 
assiatants 
le  the  il"ty 
Incrs  in  the 
jans  to  lire- 
saiilhuii'l- 
[te.l,  anil  to 
|nts  as  "'"y 
[unnttee  uf 
,  jxi.lgnicut 

jCo«»nitt^>-' 
le  mcinhcvA 


of  the  executive  committee,  whose  orders  at  all  times,  when  emanating  from 
the  cliairman  of  said  comii;i*tee,  he  shall  obey,  but  not  otherwise  unless  signed 
by  a  quorum  consisting  of  fi^re  of  said  executive  committee.  It  is  of  course 
understood  iliat  any  order  issuing  from  the  Conmiittee  of  Vigilance  by  vote 
of  said  Committee  shall  be  oljeyed  by  the  sergeant.  The  duty  of  the  chief  of 
police  and  assistants  shall  Ix;  to  detail  all  po>!sea  for  the  purjwses  of  aiTestiug 
prisoners  or  guarding  them  when  out  of  the  building.  They  shall  have  the 
power  of  making  such  detail  at  any  time  when  so  ordered  Ijy  the  executive 
committee  or  by  general  vote  of  the  Committee  of  Vigilance ;  and  all  orders 
given  by  said  chief  and  assistants  arc  to  be  implicitly  obeyed  by  the  pon^fx 
so  detailed.  If  at  any  time,  while  the  executive  committee  or  a  quorum 
of  said  committee  are  absent,  it  should  be  considered  necessary  for  the  safety  of 
prisoners,  or  for  the  purpose  of  carrying  out  any  plan  for  the  arrest  of  prisoners, 
to  detain  all  members  in  the  room  until  said  safety  is  insured  or  said  prisoners 
arrested,  then  the  said  chief  or  his  assistants,  and  also  the  sergeant-at-arms, 
shall  have  the  power  to  close  the  doors  so  as  to  prevent  the  egress  of  any 
nionibcr  of  the  Committee  of  Vigilance. 

"At  any  time  that  any  prisoner  is  brought  in  during  the  alisence  of  a 
quorum  of  the  executive  committee,  it  shall  lie  the  duty  of  the  sergeant-at- 
nrnis  to  notify  a  quorum  of  said  coimnittce  of  said  fact,  so  tliat  they  may 
immediately  go  J".to  an  examination  of  the  cliarges  against  said  prisoner.  All 
orders  issuing  irom  the  executive  committee,  whether  to  the  sergeant  or  to 
the  cliicf  of  police,  or  to  other  guards,  shall  be  returned  endorsed  with  tlie 
report  of  the  pjirties  to  whom  said  order  or  orders  were  issued.  The  sergeant- 
at-arms  and  chief  of  police  are  to  receive  their  orders  from  the  executive 
ciimmittee,  or  by  vote  of  the  general  committee,  and  arc  to  be  particularly 
under  the  surveillance  of  said  executive  committee.  Duriuij  the  absence  nf 
llie  mnr.shal  and  his  assistants  their  authority  with  respect  to  detailing  guiird.s 
fur  any  immediate  duty  or  the  execution  of  any  order  from  tht  executive  cijiii- 
iiiittcc  shall  devolve  upon  the  sergeant-at-arms.  The  chief  of  police  shall  be 
allowed  ingress  and  communication  with  the  prisoners." 

A  committee  of  five  was  appointed  by  the  execu- 
tive committee  at  their  meotinj.^  of  October  22d  to 
act  as  a  judiciary  committee,  whose  duty  it  was  made 
"to  inquire  into  the  acts  of  the  various  judges  on  our 
benches," 

Jes.se  Seligman  claims  thirty  dollars  for  a  six-inch 
Colt's  revolver,  and  Wm.  C.  (Jrraham  twenty  dollars 
for  a  five-inch  revolver,  the  first  lost  in  the  arrest  of 
.John  Kelly  at  the  Mission,  and  the  other  wrenched 
fiuni  the  owner's  hand  during  the  Whittaker  and 
^IcKenzie  mclce.    The  claims  were  allowed  and  |)aid. 

On  the  24tli  of  September  the  executive  committee 
in  secret  session  appointed  a  committee  of  four  to  wait 


388 


THE  INQUISITORS  IN  COUNCIL. 


upon  the  French  consul  and  the  collector  of  the  port, 
and  from  them  obtain  information  concerning  a  French 
.ship  said  to  be  on  her  way  hither  with  five  hundred 
desperadoes. 

The  collector,  T.  Butler  King,  expressed  his  entire 
aj)proval  of  the  doings  of  the  Committee,  and  prom- 
ised his  hearty  cooperation.  M.  Dillon,  the  Frencli 
consul,  was  likewise  gracious,  but  he  was  sure  the 
report  must  be  false.     He  said: 

' '  The  government  of  France  would  not  sanction  the  shipment  hither  of 
any  of  its  convicted  felons.  Such  ii  course  has  ever  been  foreign  to  its  purpose. 
Under  the  existing  constitution  of  the  republic  the  government  could  not  fcike 
such  action  without  special  legislation,  of  which  there  lias  been  none." 

The  consul  stated  further  that  on  quitting  France 
the  name  and  occupation  of  every  emigrant  was  reg- 
istered. He  called  attention  to  the  general  good 
character  of  tlie  French  ])opulation  in  California. 

The  committee  then  waited  upon  Messrs  Marziou 
et  Compagnie,  agents  for  the  French  emigrant  vessels, 
which  were  to  bring  hither  five  thousand  Frencli- 
iiion  during  this  year.  These  gentlemen  assured  the 
connnittee  that  the  passengers  by  their  vessels  would 
be  a  valuable  acquisition  to  the  country,  being  com- 
posed mostly  of  mechanics,  agriculturists,  and  honest 
laborers.  They  promised  further  to  instruct  their 
agents  in  France  to  examine  emigrants  and  permit 
none  of  bad  character  to  take  passage  on  their 
ships. 

All  this  looked  very  fair  upon  the  surface,  but  it 
hardly  tallied  with  the  evidence  of  John  L.  Hod<j[e, 
United  States  consul  at  Marseilles,  who  writes,  April 
28,  1851: 

"  T?!  regard  to  passengers,  a  great  many  are  of  the  very  worst  class  of  des- 
peradoes in  lOuropc.  1  have  reason  to  believe  sonic  arc  sent  at  tiie  expense  of 
the  government.  I  should  recommend  j'our  city  authorities  to  impose  a  heavy 
tjix  on  I'dl  passengers  from  I'hirope,  and  to  sufl'er  none  to  land  who  have  not 
ri'gular  psisspoi-ts  from  their  i'i'.spectivc  governments,  with  the  vine  of  tlic 
United  States  couaul ;  it  may  be  given  gratis.  If  you  permit  all  to  land  coming 
from  Europe,  your  country  will  be  hlled'  by  u  worse  thou  Italian  banditti." 


CERTIFICATE  OF  MEMBERSHIP. 


3S9 


)od 


)Ut  it 

[odge, 

April 

Is  of  <U'3- 

Ipeiise  i)f 
1  a  heavy 
iiave  not 


A  special  meeting  of  the  executive  committee  was 
called  the  11th  of  November  in  consequence  of  the 
stabbing  of  one  McLean  by  Antonio  Gonzalez  in  the 
Mississippi  House  on  Long  Wharf  Gonzalez  had 
been  arrested  by  the  Committee,  but  as  it  was  a  quai-- 
rel  in  which  the  plea  of  self-defence  would  be  strongly 
urged  it  was  decided  to  be  a  case  for  the  courts  rather 
tlian  for  the  Committee.  Accordingly  Gonzalez  was 
handed  over  to  the  city  marshal. 

There  was  a  special  meeting  of  the  executive  com- 
mittee November  25th  to  examine  a  charge  made  by 
Joseph  W.  Gregory  against  one  Sylvester,  of  Sacra- 
mento street,  of  having  sent  him  a  shipment  of  b(igus 
gold  dust  from  New  York.  The  Committee  ordered 
the  arrest  of  Sylvester. 

The  meeting  of  December  10th  ordered  the  city 
to  be  districted,  and  collectors  sent  among  the  citizens 
to  gather  funds  for  the  liquidation  of  accrued  indebt- 
edness. A  committee  was  aj^pointed  at  the  same  time 
to  prepare  a  suitable  certiiicate  of  membershij),  that 
each  member  by  paying  for  his  certiiicate  might  con- 
tribute to  the  treasury  of  the  society.  On  the  next 
page  is  a  facsimile  of  the  certificate. 

The  following,  from  the  Alta  California  of  the  22d 
of  December,  though  somewhat  ribald  in  tone,  displays 
the  state  of  feeling  at  this  time  of  the  ultra -vigilance 
party — I  do  not  mean  the  executive,  the  real  ])ower 
of  the  party — heated  as  it  was  by  the  after-slurs  of 
law  and  court  officials,  and  their  organs,  to  whom  the 
Committee  were  ever  most  lenient  and  ma^jnanimous: 

"  '  The  world  is  given  to  lying,'  is  a  trite  adage,  if  not  a  true  one.  And 
of  all  the  parties  who  can  most  justly  repeat  the  saying,  the  Vigilance  Com- 
mittee and  the  press  of  San  Francisco  bear  away  the  })alni.  The  gentlemi'n 
of  tiie  Committee  have  been  traduced  and  vilitied  as  men  never  were  before; 
their  motives  have  been  misrepresented,  their  acts  condemned  as  damning 
crimes,  and  all  those  who  have  countenanced  and  abetted  them  have  been 
(li'nounced  as  cowards  or  base  pandcrers  to  depraved  appetites  for  blootl  for 
tlie  sake  of  pecuniary  gain.  Nor  have  these  attacks  been  confined  to  any 
l)articular  time  and  place.  Such  newspapers  as  had  the  impudence  have 
given  the  slanders  publicity  upon  the  spot,  while  craven  and  coward  souls  who 


9m 


THE  INQUISITORS  IN  COUNCIL. 


4 


ALTA  INVECTIVE. 


301 


dare  not  open  their  envenomed  lipa  here  have  vented  their  nmiicc  through  tlie 
columns  of  Atlantic  sheets,  in  order,  like  daaturdii  as  they  are,  to  disperse  tl>e 
poison  of  their  petty  hate  where  it  niiglit  <lo  its  work  of  evil  without  the  fear 
of  ccjiitradietion  and  without  that  danger  of  public  exposure  which  uliould 
brand  them  with  the  infamous  title  of  liar.  These  palpable  lil>els,  these 
bitter  outiwuringa  of  hate,  have  been  uttered  in  loud  ami  confident  tones  in 
bar-rooms  and  other  places  of  public  resort;  and  even  the  sanctity  of  our 
courts — those  courts  for  which  these  innnaculate  ussailers  profess  so  nuicli 
respect  and  regard — has  been  violated  by  the  distempered  ravings  and  scan- 
«lalouB  asseverations  of  men  learned  in  the  law.  It  is  pleasurable,  thougii, 
to  lind  that  the  Vigilance  Committee  has  outlived  tliis  storm  of  malicii>us  in- 
vective. Nay,  more,  it  is  a  proud  satisfaction  to  know  that  the  good  for 
whicii  they  strove  with  such  unusual  and  deplorable  means  lias  been  acconi- 
])lished.  Its  eflects  are  everywhere  visible  in  the  confident  and  successful 
progress  which  our  citizens  are  daily  making,  and  in  the  decrease  of  crime 
and  conse(iuent  increase  of  si'curity  which  our  political  condition  evinces. 
These  facta  are  broad,  plain,  and  undeniable  hero,  and  the  Committee  are 
therefore  generous  enougli  to  allow  these  sliuiderers  to  discharge  their  volley 
of  vile  missiles  as  they  slink  away  into  congenial  and  deserved  obscurity. 
Well  do  we  recollect  the  horrible  predictions  which  were  uttered  with 
reference  to  the  Committee.  Tlie  heavens  were  luiiig  with  black  by  the  dis- 
interested votaries  of  law  and  order ;  tears  of  purest  iiatriotism  rained  from 
their  unstanched  eyes  as  they  beheld  the  future  ruin  of  their  country;  tlieir 
prophetic  souls  were  torn  with  indignation  at  the  enormities  which  tlie  blooil- 
thirsty  Committee  perpetrated,  juid  their  sensitive  hearts  were  wrung  with 
agony  at  the  inlu.'rent  sinfulness  of  man  !  llow  vain,  how  foolish,  liow  weak 
were  they  all !  Their  gloomiest  pictures  have  been  proved  but  tlie  silly  cre- 
ations of  a  childish  brain,  their  stories  of  hobgoblins  have  turned  out  but 
nursery  tales,  and  their  vaunted  and  pretentious  predictions  of  ruin  have 
shown  tliemselves  notliing  more  than  the  fanfaistic  structures  of  a  moody, 
misanthropic,  and  maudlin  imagination !  But  wc  will  not  exult  over  a  fallen 
enemy. 

"It  is  time,  high  time,  that  this  wholesale  denunciation  of  the  press 
should  be  ended.  Miserable  pettifoggers,  pciiny-a-liners,  and  subscribtsrs  to 
slanderous  affidavits  sliould  be  told  that  they  will  not  be  permitted  to  pursue 
such  practices  with  impunity.  The  jiuVjlic  should  undei'stjuid  tliat  8Ue)i 
assaults  upon  the  press  are  undeserved  and  uncalled  for.  Why  sliould  that 
portion  of  a  community  wliose  fortune  it  is  to  be  the  conductors  of  the  press 
be  thus  overwhelmed  on  every  occasion  with  charges  of  corruption  ami  im- 
proper motives?  Are  they  not  men  of  as  much  virtue,  firmness,  tiilent,  aiicl 
honesty  as  any  other  class?  AVill  they  not  compare  favorably  witli  any  other 
section  of  a  community,  in  all  the  characteristics  and  qualities  which  consti- 
tute the  reputable  and  good  citizen?  And  yet  every  pitiful  dabster  who  can 
flourish  a  pen  thinks  he  has  a  sort  of  riglit  divine  to  malign,  assail,  and 
bespatter  us  with  all  the  slime  wliich  a  filtiiy  imagination  can  create  at  tlie 
dictation  of  a  wicked  heart.  We  cannot,  and  wc  will  not,  bear  it.  Wc  owe 
it  to  our  position  and  to  our  self-respect  that  such  vilifiers  shoultl  be  placed 
in  their  true  light  before  the  public;  and  wc  mean  to  do  it  for  them." 


802 


THE  INQUISITORS  IN  COU.nCIL. 


The  school-master  was  early  abroad,  as  the  follow- 
ing comnmnication  shows,  and  with  his  disc'i})los  he 
did  not  hesitate  to  illumine  the  minds  of  men  and 
exi)lain  to  the  Committee  themselves  the  nature  of 
the  strange  work  in  which  they  were  engaged : 

"  To  the  Premdent  and  A f embers  of  the  Executive  Committee  of  tlie  Vigilanre 
Committee  of  Snn  Francisco: 

"(Jkntlemen  : — To-morrow  evening  (Wednesday)  I  propose  delivering  a 
lecture  on  tlic  'Aniitomy  of  Crime,'  illiiatratcd  by  the  skulls  of  Jenkins, 
Stuart,  McKenzic,  and  Wluttakcr. 

"Should  you  feel  interested  in  the  physiology  and  philosophy  of  the  causes 
of  mental  action  which  prompted  these  men  to  pursue  an  evil  course  in  life, 
I  will  be  most  happy  for  you  to  accept  an  invitation,  which  I  now  tender  you, 

to  form  part  of  my  audience. 

"Yours,  etc., 
"September  9,  1851.  RoB.  H.  Collyer." 


Following  are  the  forms  in  which  communications 
were  presented  to  the  executive  committee  by  mem- 
bers thereof: 

"/iesolred.  That  the  sentence  of  death  pronounced  on  the  two  men 
Whittaker  nnil  McKcnzie  still  remain  in  full  force,  and  that  nil  necessary 
means  shall  be  resorted  to  to  obtain  possession  of  these  men,  and  when  taken 
that  tliey  shall  meet  the  punishment  duo  their  crimes,  as  the  voice  of  the  people 
demands  it.     Adopted. 

"No.  591." 

"Mrs  Bridges,  lives  in  a  brown  colored  house  on  Bush  street,  aliove  Mont- 
gomery, whose  brother  kept  a  tavern  in  Sydney,  will  give  information  in 
regard  to  a  female  landed  from  the  ship  Adirondack,  whose  house  in  Sydney 
was  a,  reccptiiele  for  stolen  goods,  and  has  been  the  means  of  leading  more 
into  vice  than  any  other  female  in  that  eountiy.  She  has  already  taken  a 
house,  and  there  is  no  doubt  it  will  soon  be  one  of  the  greatest  cribs  in  Cali- 
fornia. 

"No.  152." 


CHAPTER  XXVI. 

CLOSE  OP  THE   FIRST  CRUSADE. 

That  which  turns  out  well  ia  better  than  any  law. 

Mi'iiander. 

At  the  general  meeting  hold  the  9th  of  Sejitenibcr  a 
connnittee  of  five  was  ai»})ointe(l  to  select  twenty-five 
or  fifty  names  to  be  submitted  to  the  Committee  for 
election  as  an  executive  committee,  to  hold  for  six 
months,  and  whose  duties  should  be  to  offer  such 
council  and  take  such  action  as  should  best  promote 
the  interest  of  the  association.  One  week  later  the 
committee  reported  as  follows: 


"Tlic  committee  to  whom  was  referred  the  subject  of  selecting  the  names 
of  fifty  or  a  less  number  of  gentlemen  to  constitute  nn  executive  committee, 
who  should  lijld  their  offices  for  a  period  of  six  montlis,  and  to  suggest  such 
other  measures  as  in  their  adjudgment  may  be  of  interest  to  the  association 
and  the  community,  beg  leave  respectively  to  report  that  they  have  selecteil 
the  following  names  of  geiitleniiMi  in  number  as  candidates  f(jr  election  by  the 
associiition ;  that  tliey  recommend,  upon  the  election  of  the  committee,  tliat  the 
association  adjourn  siiic  dlv,  and  that  the  present  acting  executive  committee 
turn  over  to  the  newly  elected  committee  all  papers,  books,  and  documents 
emanating  from  the  operations  of  tlie  Conunittee  since  its  formation ;  that 
twenty  members  of  this  conunittee  shall  hohl  their  ollice  for  a  period  of  one 
year  from  the  date  of  election,  and  twenty  for  a  period  of  six  montlis,  the  shoi't 
and  long  term  to  be  determined  by  drawing;  that  tlicy  sliall  choose  their  own 
otlicers,  and  shall  liavo  power  to  fill  any  vacancies  that  may  arise  l)y  resigna- 
tion or  otherwise;  that  lifteen  ihiys  before  the  expiration  of  tlie  six  months 
for  which  they  are  elected  they  sliall  call  the  association  together  and  sulnnit 
a  report  in  writing  of  their  proceedings  during  the  perio<l  of  six  months,  and 
the  association  shall  then  elect  twenty  members  to  fill  the  vacancies  of  those 
whose  term  of  six  months  has  expired;  that  said  executive  conunittee  shall 
take  no  action  for  the  arrest  of  criminals,  or  in  any  manner  interfere  with  the 
due  course  of  law,  but  should  an  emergency  arise  which  in  their  judgment 

[303  J 


S94 


CLOSE  OF  THE  FIRST  CRUS.VDE. 


requires  again  the  action  of  tlio  association,  they  shall  call  them  together  by 
such  Higiuila  as  may  be  agreed  on ;  that  this  committee  be  instructed  to  watch 
witii  vigilance  tlie  action  of  our  courts  having  criminal  jurisdiction,  and  also 
all  men  in  oiKcial  stiitions,  and  especially  observe  the  operation  of  the  laws 
iit)\v  in  force ;  anil  should  tliey  deem  it  expedient  to  have  Huch  laws  altered  or 
amended  whereby  greater  facilities  may  be  had  to  convict  and  punish  crinii- 
iials,  tliey  nuiy  bo  autliorized  to  petition  the  legislature  upon  the  subject  and 
use  their  exertions  to  have  sucli  amendments  carrieil.  The  association,  bo 
lieving  that  the  community  relies  mainly  upon  them  to  shield  it  from  the  evils 
arising  from  the  maladministration  of  tlie  law,  will  hold  this  executive  com- 
mittee to  a  strict  accountability  in  the  performance  of  this  duty. " 


On  the  23(1  of  September  the  following  were  de- 
clared elected  members  of  the  executive  committee: 
W.  D.  M.  Howard,  Samuel  Brannan,  W,  T.  Coleman, 
James  C.  Ward,  E.  Gorham,  B.  C.  Saunders,  S.  E. 
Wood  worth,  James  King  of  Wm.,  James  Dows,  H. 
F.  Teschemacher,  Dr  A.  B.  Stout,  ¥.  Vassault,  J. 
S.  Parrott,  R.  M.  Jessup,  James  B.  Huie,  Joseph 
Post,  Charles  Griswold,  Stephen  Pajran,  H.  A. 
Cobb,  George  M.  Garwood,  G.  W.  llvckman,  Thomas 
J.  L.  Smiley,  John  W.  Cartwright,  William  W. 
Thompson,  L.  D.  Kinnay,  A.  Kirchner,  W.  H.  White, 
John  liayncs,  D.  Jamorin,  James  M,  Swift,  George  11. 
Ward,  H.  M.  Naglee,  W.  Burling,  I.  Do  Long,  W.  C. 
Annan,  L.  Maynard,  W.  A.  Darling,  J.  F.  Hutton, 
Samuel  Dewey,  F.  Argenti,  E.  Delessert,  Charles  L. 
Case.  Fred  Woodworth,  and  Isaac  Bluxome  Jr. 

Of  these  the  following  were  elected  officers :  Stephen 
Payran,  president  of  the  executive  committee;  Selim 
E.  Woodworth,  first  vice-president;  G.  W.  Ryckman, 
second  vice-president;  Isaac  Bluxome  Jr.,  secretary; 
D.  L.  Oakley,  sergeant-at-arms;  George  R.  Ward,  L. 
Maynard,  E.  Delessert,  James  King  of  Wm.,  F.  J. 
L.  Smiley,  finance  committee;  Garwood,  G.  W. 
Ryckman,  Charles  L.  Case,  J.  F.  Hutton,  Fred  A. 
Woodworth,  (jualification  committee. 

By  the  latter  part  of  September  the  general  com- 
mittee considered  its  present  work  completed.  To  the 
new  executive  committee  were  turned  over  all  books 
and  documents  thus  far  accumulated. 


REOnCANIZATION  AND  Rn:;rOVAL. 


SOS 


,  H. 
t,  J. 

►scpU 
.   A. 


>phcn 
ieliiu 
:man, 
ttarv ; 

}a,  L. 

If.  j. 
w. 

3(1  A. 

coni- 
|o  the 

)00k3 


Among  those  elected  to  ierve  for  tlie  term  of  twelve 
moutliH  were  Samuel  Brannaii  and  Thomas  J.  L. 
Smiley,  and  among  those  elected  to  serve  for  six 
months  were  James  King  f)f  Wni.,  Stephen  PajTan, 
\Vm.  T.  Coleman,  and  (1.  W.  Kyekman. 

]\rr  Bkixome  was  authorized  to  collect  delinquent 
dues  and  lines,  retaining  ten  per  cent  thereof  for  col- 
lection. A  committee  was  appointed  by  the  president 
to  j)repare  by-laws  for  the  guidance  of  the  executive 
committee. 

From  the  grand  jury  report  made  the  last  of  Septem- 
ber I  extract  the  following: 

"The  granil  jury  cannot  help  noticing  the  jnarked  diminution  of  crime  in 
the  city  und  county  of  Siin  Francisco  within  the  hist  four  months.  Knowing 
the  anxiety  felt  by  tlic  ]H'oplc,  and  the  disturbed  state  of  the  puldic  niiud 
wliich  has  prevailed  for  the  last  live  or  six  montiia  in  our  city  on  acoonnt  of 
the  numerous  acts  of  arson,  thefts,  burglaries,  and  nmrders  wiiicli  have  been 
committed,  this  announcement  is  made  by  the  grand  jury  with  the  highest 
sivtisfaetion.  The  strong  popular  resistance  made  by  tlie  people  to  their 
criminality,  the  very  cfunmeiidable  and  decided  action  of  our  predecessors, 
and  the  cliicient,  firm,  and  prompt  action  of  the  honorable  the  court  of  sessions, 
have  had  a  powerful  influence  in  arresting  the  progress  of  crime,  and  for  giving 
secui'ity  and  protection  to  the  lives  and  jiroperty  of  our  citizens.  As  the 
courts  are  the  only  lawful  and  constitutional  tribunals  to  which  the  jieople 
can  look  for  support  and  t!ic  vindication  of  their  rights,  violence  and  partial 
if  not  complete  anarchy  will  follow  where  they  fail  or  neglect  to  discharge 
tlieir  duty  without  fear,  favor  or  aii'ection.  History  proves  that  Americans 
are  a  law-contiding  and  a  law-abiding  people,  but  wliere  they  cease  to  have 
confidence  in  their  public  agents  they  will  have  their  rights  and  property 
protected  by  tribunals  of  their  own  estal)lishing  until  the  laws  can  be  executed 
in  the  spirit  and  letter  in  whicli  thi'y  are  written,  througli  tribunals  established 
by  constitutional  authority.  While  we  regret  the  uso  of  such  means  for  self- 
defence,  there  is  some  palliation  for  sucli  a  course  in  the  widespread  alarm 
which  prevailed  lately  in  our  city  on  account  of  tlie  <hingcrs  that  surrounded 
us.  Should  the  courts  continue,  as  they  arc  now  doing,  to  maintiiin  intact 
and  inviolate  the  riglits  of  the  people,  under  the  laws  and  C(mstitution  of  the 
state,  we  feci  satisfied  that  no  future  attempt  will  be  made  on  the  part  of  tho 
people  to  supersede  their  authority.  We  say,  should  they  continue  to  do  this, 
conlidcnce  will  be  restored,  crime  will  Ijc  greatly  arrested,  and  tlu^  ciiurts  will 
become  the  hope  of  the  injured  and  the  oppressed,  and  the  people  their  loyal 
supporters  and  defenders." 

At  the  end  of  September  the  executive  committee 
removed  to  their  new -and  less  expensive  quarters  over 


noo 


CLOSK  OF  Till',  FIRST  CRUSADK. 


!Micl(llot()n  and  SniilovH  auction  rooms,  on  the  corner 
of  Battery  and  Sacramento  .sti'eets.  These  rooms 
were  cai'petc'<l  and  handsomely  furnished.  vVt  one  end 
of  tlio  executive  chamber  was  a  rostrunj  where  stood 
tlie  |)resident's  chair,  and  in  front  of  a  «h'sk  hunijf  the 
l»;inner  presented  hv  tlie  hidies  of  Trinity  parish. 
Behind  tiie  president's  chair  was  an  eh\i;ant  mirror, 
and  in  the  centn>  of  the  room  a  lar<^e  tahlo  containinij 
hooks  and  writiniL,''  matei-ials.  The  windows  were  neatly 
curtained,  and  the  walls  adorned  with  maps  and  pic- 
tures. In  an  adjoininj^  room  were  stored  the  para- 
])hernalia  of  the  police,  arms,  chains,  ropes,  handcutfs, 
and  the  like. 

The  effects  in  the  old  quarters  on  Cattery  street, 
no  lomjer  neede<l,  were  disiiosed  of  by  auction.  I 
Lnve  the  inventory,  as  consi-'iied  for  sale  to  IMessrs 
Cobb  and  Comjiany,  which  tends  to  fill  a  bLaik  in  the 
picture  of  life  in  the  Conunittee  rooms: 


32  Mattresses. 
41  r.liinkota. 
14  Pillows. 
20  Sul'j  lamps. 
12  CaiuUostiL'Us. 
1  Demijohn. 

1  Jug. 

2  Empty  oil  casks. 

1  Pitcher  and  hasin. 
1  Wooden  bucket. 
1  Cotree-urn  and  lamp. 
1  ColTee-pot. 
1  Lot  of  crockery  ware. 
12  Spoons. 


2  Tables. 

(>  Small  tuba. 

2  Largo  tubs. 

i  Harrel  hard  bread. 

A  Till)  butter. 

1  Tin  lard. 

1  Trunk  and  contents. 
19  Window-curtains. 

2  Tin  basins. 

1  Sniiill  looking-glass. 

2  Tin  oil  cans. 
1  Tin  pan. 

0  IJrokcn  chairs. 
35  Benches. 


Quite  a  quantity  vS  lumber  had  accumulated,  which 
was  sold  to  Blackbui  n  and  Thomi)son. 

At  a  meetins;  of  the  executive  committee  on  the 
24th  of  September,  thirty-five  members  being  present, 
with  ^Ir  Payran  presiding,  a  committee  of  three  was 
appointed  to  procure  counsel  for  Mr  F.  A.  Atkinson 
in  the  case  of  IMetcalf  vs.  Argeiiti,  Atkinson,  et  al. 


ruKTiinn  Rnot'LATioxs. 


m 


liich 
the 


Subsequently,  a  cluuigo  of  venue  in  this  suit  havin;^ 
hecn  ordered,  the  president  of  the  Sun  Fivincisco 
Committee  wrote  thi'  president  of  the  Committee  of 
A'i^ilanco  of  San  Josl',  recjucsting  him  to  employ 
every  effort  to  jj^ain  the  cause. 

The  Connnittee  rooms  should  be  kept  open  day 
and  night,  and  no  member  should  be  admitted  un- 
less his  dues  and  fmes  were  paid.  The  quarters  over 
^liddleton  and  Smiley 's  auction  rooms  were  taken,  as 
being  central  and  less  in  jirice  than  other  similar  ones, 
though  the  monthly  rental  was  four  hundred  tlollars. 

At  this  meeting  the  treasurer,  Eugene  Dclessert, 
olfered  to  loan  the  association  one  thousand  dollar.s 
lor  sixty  days  without  interest,  in  ortler  that  the  out- 
standing bills  might  be  paid.  The  offer  was  accepted 
M'ith  thanks. 

By  the  2d  of  October  the  finance  committee  were 
enabled  to  report  all  claims  discharged,  and  .''?"J.'5G."JD 
in  the  treasury. 

In  the  daily  journals  of  the  2d  of  October  appeared 
the  following  notices: 

"  \yirr.REAS,  An  article  has  appeared  in  tlio  Evenimj  Pkitjitnc  of  tliii!  day 
statiny  tliiit  tlio  Vigilance  Committeo  had  ceased  active  operations,  and  in 
couseciuenco  of  the  general  condemnation  of  llie  conunercial  jiapers  in  the 
Atlantic  States ;  therefore, 

"  /.V.«)/i'('(/,  That  the  Connnittee  cause  to  be  pnblislied  in  the  vai-ious  papers 
of  this  city  tliat  tliey  hold  themselves  readj  f(jr  action  shonld  the  eonnnunity 
be  again  sitnated  as  at  the  time  of  the  organization  of  Kaid  Connnittee,  and 
that  no  conunents  of  any  newspaper  can  drive  them  from  a  conscientious 
discharge  of  their  «luty  to  their  families  and  fellow-citizens. 

"  Ey  order  of  the  General  Committee.  S.  Payran, 

"President  of  Execulire  Comjuiltee." 
"Isaac  BLrxoME  .Tr.,  S<cntari/." 


The  Executive  Committee  of  Vigilance  will  meet  at  tlicir 


"XOTICE. 

chambers  this  evening  at  eiglit  o'clock. 
"  By  order  of  Connnittee. 

"I.  Bluxome,  Secretary. 


"STEniEN  Tayrax, 

Premlent" 


al. 


Besides  acting  as  vermin-exterminators  the  Com- 
mittee officiated  in  other  capacities  of  scarcely  less 


398 


CLOSE  OF  THE  FIRST  CRUSADE. 


importance.  Not  only  did  they  oxcrciso  a  strict  sur- 
veillance over  the  courts  and  officers  of  the  law,  but 
they  kept  within  bounds  the  ebullitions  of  tho  people. 
Mobocracy  they  fi'owned  u])on  no  less  than  legal  liber- 
tinism. Standing  midway  between  popidar  extremes, 
they  wore  the  great  balance-wheel  of  the  social  and 
political  machinery.  On  several  occasions  toward  the 
close  of  their  administration,  and  some  time  after 
chronic  villainy  in  its  mightiest  proportions  had  been 
crushed,  the  Committee  lent  their  aid  to  suppress 
popular  excesses  as  well  as  to  bring  within  the  em- 
braces of  the  law  all  offenders  on  whom  they  could 
lay  tlieir  hands. 

If  further  proof  were  wanting  of  the  integrity  of 
the  Vigilance  Conunittee  in  its  attitude  toward  law, 
it  may  be  fountl  in  an  event  which  occurred  about  the 
time  of  its  disbandment, — I  do  not  say  disorganisa- 
tion. It  was  tliought  not  a  little  strange  by  some  of 
its  adherents  that  a  popular  uprising  which  brooked 
no  dictation  from  any  power,  and  which  had  ranged 
its  determinate  forces  against  the  existing  courts  of 
law  and  forms  of  justice  Vvhonever  such  contrivances 
interfered  with  its  purpose,  sliould  upon  the  first  occa- 
sion deemed  meet  in  its  own  eyes  lend' law  a  helping 
hand  and  turn  its  frown  upon  the  people. 

Yet  this  is  only  what  it  professed  from  the  first, 
namely,  that  the  princi[)les  underlying  the  vigilance 
movement  wore  no  more  mobocratic  than  revolution- 
ary. These  volunteers  in  the  cause  of  social  and 
judicial  morals  would  not  allow  statutes  and  court 
formulas  to  prevent  them  doing  the  right;  but  they 
were  equally  far  removed  from  permitting  their  felhnv- 
citizcns  to  overturn  the  law  or  (Appose  it  under  trivial 
or  unnecessary  causes. 

In  the  summer  of  1851  the  clipper  ship  Challcwje, 
Waterman  master,  sailed  from  New  York,  and  arrived 
at  San  Francisco  the  last  of  October.  The  crew  was 
composed  mostly  of  foreigners,  and  those  of  the  worst 
class.     Before  reaching  Sandy  Hook  the  quality  of 


CAPTAIX  WATERMAN. 


399 


the  crew  was  so  clearly  apparent  that  the  owners 
urged  the  captain  to  put  back  and  get  new  seamen. 
Waterman  was  a  bold,  determined  man,  and  thought 
himself  a  match  for  any  kind  of  sailors.  During  the 
voyage  the  crew  mutinied  and  caused  much  trouble. 
Douglass,  the  chief  mate,  was  stabbed  with  a  dagger, 
and  the  captain  narrowly  escaped  seizure.  Amid  nmch 
tribulation  and  danger  the  ship  was  brought  safely 
into  port. 

But  during  the  voj^age  Captain  Waterman  had 
been  severe  and  even  cruel;  whether  unnecessarily 
f;o  does  not  appear.  Three  of  tlie  seamen  had  been 
knocked  overboard  from  the  cross-jack  yard  in  a  gale ; 
five  died  from  dysentery  on  the  way  and  one  from 
epilepsy  the  day  of  arrival.  Many  were  maimed  by 
the  blows  which  they  had  received  durin<^  the  voyage, 
and  on  landing  were  sent  to  the  hospital 

Immediately  on  dropping  anchor  the  captain  went 
on  shore.  Shortly  after  it  was  noised  abroad  that 
V/aterman  and  Douglass  had  shamefidlv  treated  the 
crew  during  the  voyagCj  unmercifully  beating  and 
even  killing  some  of  them.  B(^atmcn  and  sailors  v.'ere 
especially  incensed  by  the  account,  and  when  the 
vessel  hauled  in  to  the  wharf  a  large  number  of  long- 
shoremen gathered  at  the  foot  of  Pacific  street, 
threatening  to  hang  the  captain  and  mate  the  moment 
they  could  lay  hands  on  them.  The  captain  deemed 
it  prudent  to  retire  from  the  city,  and  Douglass,  who 
was  then  on  board,  sli;  ped  o\  or  the  bow  into  a  boat, 
pulled  round  Rincon  Point,  and  escaped  in  the  cliapar- 
ral.  This  was  the  .TOtli  of  (,)ctober.  Search  was  made 
for  master  and  male  until  late  into  the  night,  but  with- 
out success. 

Next  day  the  disabled  seamen  were  removed  from 
the  ship  to  the  hospital,  and  the  siglit  raised  the  fury 
of  the  crowd  to  the  highest  pitch.  Two  thousand 
bel]'"'^.  rent  men  gathered  in  front  of  tlie  office  of  AIsop 
anu  i^ompany,  consignees  of  the  ship,  and  demanded 
the  persons  of  Waterman  and  Douglass.     They  were 


400 


CLOSE  OF  THE  FIRST  CRUSADE. 


informed  that  those  they  sought  wore  not  there;  but 
this  did  not  satisfy  them.  Six  of  their  number  were 
detailed  to  search  the  promises,  but  their  efforts  were 


unavaihng. 


Meanwliilc  the  mayor  bestirred  himself  to  quell  the 
excitement.  He  first  appealed  to  the  assemblage 
itself,  but  the  mob  hooted  him  and  defied  the  authori- 
ties. They  fancied  themselves  already  iii  possession 
of  the  city,  and  would  listen  to  no  terms  which  coun- 
selled moderation.  The  mayor  called  upon  tlio  citizens 
to  assist  in  the  preservation  of  the  public  peace.  But 
in  those  days  when  all  good  men  belonged  to  tjie 
Society  of  Stranglors,  murderers  as  the  court  called 
them,  outlaws  as  the  mayor  himself  had  said,  who 
were  the  citizens? 

Then  it  was  tliat  the  mucli  maligned  Committee  of 
Vigilance  rallied  to  the  rescue  of  the  city's  honor. 

The  officers  of  the  CJiaUenfje  might  or  might  not 
bo  guilt}'  of  atrocities;  but  in  either  event  this  was 
not  the  way  to  determine  the  matter.  This  was  not 
tlie  way  the  Committee  of  Vigilance  dealt  with  offend- 
ers. Nor  would  they  permit  the  mob  spirit  to  dis- 
grace them  or  triumpli  over  law.  Tlioy  themselvajs 
had  been  called  a  mo!),  but  never  were  men  more 
malitxned.  They  had  not  a  single  element  ol"  moboc- 
racy  in  their  composition,  except  that  they  regarded 
not,  at  all  times,  the  letter  of  the  law.  The  mob  was 
mobile,  they  were  firm;  the  mol)  was  passionate,  they 
were  cool;  the  mob  hanged  first  and  tried  afterward, 
they  executed  justice  only  after  the  most  solenm 
judgment. 

In  this  instance,  whatever  the  master  and  mate 
might  be,  they  were  not  chronic  criminals  or  lawless 
desperadoes,  and  therefore  were  not  fit  subjects  for 
the  secret  tribunal.  They  were  responsible  men,  fol- 
lowiuLf  a  legitimate  callinij.  It  was  a  matter  for  the 
courts  only. 

Then  went  forth  the  order  from  the  executive  cham- 
bers informally  to  disperse  the  rabble.     Behold  now 


f.' 


THE  VIOILANTS  DIS?E?.SE  A  MOB. 


401 


ieuiu 

hiato 
,'lcss 
for 
t\)l- 
thc 

kaiu- 
liiow 


where  centred  the  strcngtli  of  tlii.s  people!  Not  in 
statutes,  j^overnors,  or  municipal  powers,  but  in  the 
citizens  whom  the  mayor  had  decried  in  vain.  Within 
five  minutes  after  the  order  was  i^iven  the  Monu- 
mental bull  struck  it>  sij^ni.'icant  note,  and  on  the  in- 
stant around  tliat  California-street  crowd  the  cry  was 
heard,  "Attend  vi.o-Hant-;!"  "Fall  into  line!"  "March!" 
And  they  did  march, — straij^ht  into  the  heart  of  that 
crowd,  told  the  leaders  to  begone,  told  the  enraged 
longslioremen  to  get  them  to  their  own  affairs  in- 
stantly, lost  woroo  betide  them.  And  they  went;  an 
hour  later  and  the  street  in  I'ront  of  Alsop  and  Com- 
pany wor-e  its  usual  aspect. 

Thus  ended  the  affair  so  far  as  the  Vigilance  Com- 
mittee were  concerned.  It  is  true  tliat  some  time  after 
there  was  talk  at  Pacific-street  whai'f  of  scuttling  or 
burning  the  ship;  the  captain  was  hanged  in  effigy  on 
the  plaza,  but  no  further  violence^  was  offered.  The 
United  States  Marshal  boarded  tiie  ship  and  inl'ormetl 
tlie  sailors  that  they  were  at  liberty  to  enter  complaint 
against  their  officers,  and  they  did  so.  (.)f  murder  and 
maltreatment  they  accused  them.  Doubtless  these 
men  deserved  the  })unishment  tlicy  received;  but  it  is 
tlie  attitude  and  action  alono  of  the  Vigilance  Com- 
mittee that  we  are  called  upon  to  note  in  this  con- 
nection. 

The  following  lettei",  directed  to  sheriif  Hays,  shows! 
th<  f'.'  'bug  then  existing  between  the  Committee  and 
I  hat 


'^'.ncer: 


"JRXEcrTivi:  CiiAMiiKU  Of  Tiir.  ('ommittkk  of  Vicilanck,  "I 
*  "Sav  FiiANcisco,  August  11.  l.S.")l.  J 

"To  John  C.  ffni/.i,  A'.f'/.,  /fi(ih  Shrrijf/or  fhr  (j:i;iiiii<l  ('oiiii'i/  oj'  San  Fr'iiici^ro: 
"Dkah  Sin: — I'ennit  luc,  on  l>oliiilf  of  t!io  *  'oniinittcu  of  Vigilanco,  to  ollbr 
you  till!  uimoxed  ruj)oi't,  with  tlio  action  tluiroon ;  iinil  in  tlioir  nanu;  I  olFcr, 
witii  the  concurrence  of  my  collcaijucs,  the  thanks  of  tlie  Connuittci'  for  your 
perseverance,  skill,  antl  nssiduity  in  bringing  tlie  atlairs  of  our  county  i)risoii 
to  HO  happy  an.  issue.  SVts  rej^ret  nnieh  that  you  jiei-aonally  should  have  suf- 
f  Ted  iuy  pecuniary  ineonvenienco  in  the  prosecution  of  its  financial  allaii-H, 
■  1  earnestly  hop-'  that  the  pittiinee  raised  hy  us  may  serve  to  cari'y  out  your 
:  I;.,  liuu  expaot:itio:i3  and  subserve  the  p.iblio  oafjiy.  As  a  public  servant 
I'm-    Tiiiu.,  Vol.  I.    20 


I   . 


40.: 


CLOSE  OF  THS  FIRST  CRUSADE. 


wo  have  much  in  you  to  commend,  and  at  all  times  as  citizens  will  lond  our 
aid  to  assist  you  iu  your  legitimate  course  of  office. 

' '  May  you  long  survive  to  serve  the  state  of  your  adoption  and  receive  the 
good  wishes  of  your  fellow-citizens. 

"  Very,  truly,  your  obedient  servant, 

"Stephen  Payrax, 
"President  of  the  Executive  Committee." 

After  the  relinquishment  of  authority  by  tlic  first 
Committee  tlicrc  was  httle  thought  of  prosecution  on 
the  part  of  any.  Society  was  liappy  in  its  dehver- 
anco  from  outrages  against  person  and  property;  tlio 
law  was  happy  in  the  assistance  whicli  had  been 
rendered  in  liftins:  it  from  low  estate  and  restorini>- 
that  righi'''.l  power  and  place  in  the  affairs  of  the 
commonwoj  hich  had  been  denied  it;  and  thieves 

and  assassins  .  re  happy  that  heads  were  still  left 
upon  their  shoulders,  and  that  affliirs  were  no  worse 
with  them.  Hence  it  was  that  grand  juries,  instead 
of  presenting  indictments  against  members  of  the 
Vigilance  Committee,  [)raised  them  in  their  reports, 
while  lamenting  the  necessity  of  the  organiziition. 

The  Alta  CWl/Joiniid  of  tlie  25th  of  August  speaks 
wisely  upon  the  subject.     Its  editor  writes: 

"  Every  f'alifomian  whose  business  lod  him  into  the  Atlantic  states  last 
year  knows  with  wliat  horror  the  actioa  of  our  Vigilance  Conniiittee  was 
viewed  tlicrc.  Tho.sc  who  were  not  called  there,  who  id  the  Atlantic  news- 
papej-s  regularly,  could  judge  something  of  the  state  of  public  opinion  (is 
it  found  exproasioii  iu  them.  For  once  all  parties  agreed.  All  classes  of 
society,  tlie  enlightened  and  tlie  ignorant,  the  honest  and  the  dishonest, 
the  business  men  and  the  men  of  lei.sure,  the  philanthropist  and  the  pick- 
pocket, every  one,  in  fact,  united  in  one  universal  shout  of  dcnniiciatiim 
against  the  Viv^ilancc  (.'onnnittcc  of  California,  livery  one  mourned  the 
f  :dl  of  a  young  sister  state  which  liad  excited  the  wonder  and  admiration  of  th(^ 
wliolo  world  as  one  who  had  fallen  to  the  very  lowest  scale  of  anai-chy.  Ke- 
piiblican  institutions  fortmce  had  been  ovcrtlirown  by  a  lawless  mob,  \\h> 
delied  the  courts  of  justice.  Law  and  order  were  at  an  emi.  Lamentations 
loud  and  deep  were  uttered ;  ami  for  once  the  capacities  of  the  people  for  self- 
government  were  doubted.  Anti-c:ipit;il  punislnnent  men  exclaimed  to  thos^e 
wlio  had  oppyscd  their  ctl'orts,  '  See  the  cll'ccts  of  your  bloody  codel  Blood  fur 
blood  is  no  longer  the  cry;  l)ut  blood  is  now  demanded  for  a  few  paltry 
dollars,  or  for  afo\vg.)jdj,and  that,  too,  without  a  trial  before  a  judge  and  jiuy ' 
Tiie  evideuL'c  is  o;i'j"ci  tj  a  m  )h  Uy  a  mob  1     These  are  the  beauticj  of  tlio 


A  PLAIN  STATEMENT. 


4C3 


system  you  advocate!  How  do  you  like  it?'  But  such  expressions  elicited  no 
reply.  No  man  who  had  been  an  advocate  of  capital  punislunent  would  utter 
one  word  in  defence  of  hia  former  opinions;  hut  all  concurred  in  the  opinion 
t!iat  tlie  institutions  of  California  were  irretrievably  destroyed. 

"One  of  us  way  in  tiie  Atlantic  states  wlien  this  excitement  was  at  its 
lieiglit,  when  every  mail  steauicr  brought  news  of  trials  and  e.vccutions  by  the 
^'igilanee  Committee;  but  it  wjis  in  vain  that  we  remonstrated  again.st  t!ie 
i.liuye  tliat  was  lieape<l  upm  this  community,  in  vain  that  we  told  the  people 
thiit  tlie  best  citizens  of  California  composed  it,  and  that  they  had  leagued 
tlicni;<elves  together  for  the  protection  of  their  lives  and  their  ])rojK'rty. 
Again.st  us  they  would  say,  'If  this  Committee  be  composed  of  good  citizens, 
why  do  they  not  allow  the  proper  tribunals  to  try  those  who  transgress  the 
laws?'  AVo  urged  the  fact  that  the  most  depraved  wretches  in  exist<!ne( , 
guilty  beyond  a  dispute  of  the  crimes  ehiirged  against  thum,  had  been  allowed 
to  go  at  liberty  timej  without  number  after  going  through  the  farce  of  a 
trial  by  our  courts,  "ntil  at  last  foi-bearanee  on  the  part  of  our  citizens  liad 
ceased  to  be  a  virtue.  The  people  had  too  nuich  evidence  that  our  courts 
had  been  coiTupted ;  that  the  country  ha<l  been  overi'un  witli  eonviets 
(■:ie:iped  from  Van  Dieman  I^and  and  other  parts  of  the  world,  and  the  Icr.i- 
v.wy  of  our  judicial  tribunals  was  bringing  new  recruits  every  <lay.  Hut  no 
cms  would  listen  to  us.  People  in  the  Atlantic  stiites  actually  believed  that 
the  press  here  supported  the  action  of  the  Vigilance  Committee  only  througli 
k-.iv  of  having  their  ollices  pulled  <lown  and  their  types  and  presses  destroyed. 

"  But  the  Vigilance  Committee  neither  heeded  the;  admonitions  of  tiieir 
law  and  order  loving  Vn-ethren  of  the  Atlantic  stiktes,  who  undoubtedly  meant 
well  in  tendering  their  advice,  whicli  w.ns  v.'orth  about  the  .same  amount  as 
that  eonuuodity  u.iuallj'  is  wlien  unasked,  nor  those  who  were  crying  foi-  law 
and  order  here,  and  who  only  wanted  to  escape  tlic  punisliment  of  their 
tvimes.  But  the  Vigilance  Committee  were  the  real  friends  of  law  and  order, 
a:id  they  have  succeeded  in  estal)lishing  .such  a  state  of  quiet  and  safety  as 
never  could  have  lieen  accomplished  by  our  courts  had  they  been  never  co 
good.  The  men  who  were  powerful  here  only  for  evil  have  sullered  the  ju^  t 
rew.ird  of  their  criines,  or  have  eluded  the  argus  eyes  of  the  Vigilance  Coiii- 
niittec  and  iled  to  more  congenial  climes,  tlic  law  and  order  loving  cities  of 
t!i "  Atlantic  states.  The  tides  f)f  human  feeling,  like  the  tides  of  the  sea, 
have  their  ebb  and  flov/.  They  were  ;it  Hood  tid(^  when  our  Vigilance  Com- 
initteo  were  doing  their  duty  to  the  stiite,  to  society,  ami  to  tliemselvcs. 
Niuco  that  time  the  tides  have  re'.:jded.  The  tempest  of  abuse  has  been 
.succeeded  by  a  long  calm.  Tliosc  people  wlio  expressed  so  nuich  pity  lot- 
tho:;o  who  were  hanged  so  uneer(nnoniou:ily  here,  U'lW  tinil  a  few  more  left  of 
t'.ie  same  sort  at  their  own  <loor.i,  many  of  which  arc  broken  open  o'  night>. 
Tlii^so  poor  i)ersecuted  ])eople  have  .sought  an  a.sylum  where  law  and  order 
was  the  cry.  In  New  Vork  and  Boston  is  tliis  especially  the  case.  Burgla- 
ries in  those  cities  are  of  very  fiX3(juent  occurrence,  and  in  the  former  city 
highway  I'obbcrics  are  not  at  all  suriirising.  A  resident  of  New  York  had 
been  k.iocked  down  with  a  slang-shot  in  the  night,  but  succeede<l  in  attracting 
sulileient  attention  to  draw  the  iwlice  to  the  spot,  who  captured  the  robbers. 
'i'lie  ui:ui  waa  carried  home,  and  took  bis  bed.    When  he  was  able  to  leave  his 


404 


CLOSE  OF  THE  FIRST  CRUS^M)K. 


house  lie  inquired  for  the  robbers,  and  learned  that  they  had  lieen  discharged 
for  want  of  evidence !  The  press  of  the  city,  without  distinction  of  party, 
dfiumnces  the  city  government  for  such  hixity.  Justice  has  been  roblK'd  <  f 
its  (hie  there.  Xo  one  at  all  acquainted  with  the  facts  doubts  it.  llut  who 
believes  tluit  justice  there  is  robl)cd  of  one  tenth  of  what  it  was  here?  No 
one.  Our  judiciary  was  in  its  infancy,  theirs  is  in  rip<,'  nianhiMMl.  Hut 
notwithstinding  this  the  people  of  that  city  have  been  talking  of  forming  a 
vigiLmce  committee  ayd  talking  the  executiim  of  the  laws  into  their  own 
hands!  The  New  York  TiiiHn,  one  of  the  most  extensively  circuLitcd 
journals  in  the  United  States,  has  actually  threatened  the  city  govenunent 
that  unless  they  administered  the  laws  better  the  people  would  do  it  them- 
selves ! 

"Docs  any  one  want  any  better  evidence  that  tlic  sober  seccmd  thouglit  of 
the  people  believes  the  Vigilance  Committee  liere  acted  othei-wise  than  for 
the  best  interests  of  humanitj'?" 

The  coircspondonce  of  the  London  Ti)nes  writes 
from  San  Francisco  as  follows: 

"Regarding  this  Vigilance  Committee  public  fi'cling  is  divided.  All  in 
authority  and  connected  witli  the  administration  of  tlie  law  are  against  the 
institution,  wliilo  a  large  numlier,  I  think  a  majority,  of  t!ie  better  classes  of 
the  j)eoph!  are  in  favor  of  it,  and  support  it  by  voluntiry  money  contrilm- 
tions.  To  understiUKl  tlic  statu  of  pul)Iic  sentiment  correctly  it  is  proper  to 
aild  that,  however  anomalous  suc'.i  an  institution  may  lie  in  a  free  country, 
ti'e  I'onnuunity  on  tlie  whole  entertiiin  no  api)reliension  from  it,  nor  is  it 
feared  that  it  will  exceed  its  professed  limits  of  weeding  siK'iety  of  its  pests. 
Althougli  the  existence  of  such  a  body  in  any  otlu'r  country  would  probably 
produce  a  I'eign  of  terror  and  break  the  bonds  of  society  asunder,  no  suih 
result  is  feared  by  us.  The  non -vigilance  citizen  is  on  as  amicable  terms  with 
the  Vigilance  t.'ommittee  man  now  as  ever.  As  to  its  composition,  it  is,  Mk" 
most  large  l>odies,  a  mixture  of  good  and  of  bad  men.  Its  elFect  has  indubi- 
tiibly  been  to  diminish  crime,  ami  it  keeps  up  an  unobtrusive  surveiUance 
over  the  suspicious  members  of  the  Committee." 

In  a  petition  signed  by  certain  residents  of  San 
Francisco,  and  presented  in  the  California  legislature 
by  Mr  Wood  the  27th  of  January,  1852,  requesting' 
that  a  man  named  Redmond  might  be  taken  by  the 
citizens  and  hanged,  we  reach  the  irony  of  the  ]K)p- 
ular  administration  of  justice.    The  petition  was  tabled. 

In  reviewing  the  action  and  effect  of  the  San  Fran- 
cisco Committee  of  Vigilance  of  the  epoch  of  18.11, 
one  cannot  fail  to  observe  with  how  little  punishment 
a  great  reform  had  been  accomplished.     No  sooner 


A  MORAL  VICTORY. 


409 


did  the  power  of  the  orfjfanizatioii  bcj^in  to  be  felt  in 
its  full  force  than  criminality  was  dissipated.  Des- 
})orad(jes,  knowiiiLj  that  sure  and  swift  punishniciit 
would  follow  their  evil  deeds,  paused,  then  scattered  in 
every  direction,  glad  to  effect  their  escape.  California 
ceased  to  be  the  place  for  them.  Thieving  was  no 
longer  the  safe  and  pnjfitablo  occupation  of  f  )riner 
days.     Profit  was  not  commensurate  with  the  risk. 

And  what  had  the  Vigilance  Committee  done  to 
(>lfect  this  tjreat  and  sudden  change?  It  was  not  in 
the  extent  or  magnitude  of  their  [)unislHnents.  They 
liad  executed  but  four  persons,  when  fourscore  should 
have  been  hanged,  if  law  had  done  its  sim[)le  duty. 
And  fourscore  executions  could  have  occurred  under 
condenmation  of  the  law  without  excitin»jf  half  the 
teri'or  caused  by  these  four  executions  by  the  people. 
Evil-doers  were  well  ac(|uainted  with  the  law.  Tliey 
knew  exactly  what  to  (le[)end  upon  in  regard  to  law. 
'I'hey  knew  wherein  they  might  exi)ect  the  law  to  be- 
friend  them,  and  wherein  to  punish;  where  courts 
could  be  emjjloyed  as  ])rotection,  and  in  what  respects 
it  were  best  to  avoid  them.  During  this  golden  ago 
of  crime  in  California,  like  the  lion  and  the  lamb 
they  and  the  law  had  often  lain  down  together.  Coui'ts 
were  the  legitimate  lisks  attending  their  occujnition. 
They  had  no  quarrel  with  the  courts;  but  this  new  and 
worse  than  infernal  agency  was  their  abomination. 

Under  the  old  rcfjinie  each  limb  of  the  law  was  as 
well  known  to  the  professional  offender  as  his  own 
limb;  but  under  the  new  order  of  things  every  man 
he  met  was  a  spy  upon  his  actions.  l\)pular  instinet, 
that  greatest  of  social  influences,  he  felt  to  be  almost 
inorbitlly  alive,  and  the  odds  were  too  great  against 
Jiim. 

The  necessity  for  further  immediate  action  seem- 
ing no  longer  to  exist,  the  Conmiittee  laid  down  their 
|»i>wer  as  gladl}'^  as  they  had  taken  it  up  reluctantly. 
They  did  not  disorganize,  rightly  believing  that 
should  they  do  so,  and  the  fact  become  known,  crime 


•'  II 


m 


CLOSE  OF  THE  FIRST  CRUSADE. 


"S 


Avoiild  instantly  return  and  take  courage,  and  the  per 
nianont  result  of  their  labors  prove  of  little  value 
Adopting  the  wisest  course  possible  under  the  circuni 
stances,  they  informed  tlie  courts  and  their  officer 
that  henceforth,  unless  occasion  seemed  to  require  it, 
they  would  not  interfere  in  the  regular  course  of  jus- 
tice; nevertheless  they  stood  ready  to  aid  the  law, 
by  every  means  in  their  power,  in  any  emergency. 

As  late  as  May,  1852,  the  executive  committee  were 
still  holding  their  meetings,  but  the  records  close 
abruptly  the  30th  of  June,  1852.  There  is  nothing 
to  show  any  extraordinary  adjourmnent,  disbandment, 
or  ending  of  affairs.  The  chief  concern  at  the  late 
meetings  seems  to  have  been  to  collect  money  and  pay 
the  debts  of  the  associati<m.  One  year  of  toilsome 
duty  at  that  time  was  no  light  matter;  and  the  feel- 
ing seemed  generally  prevalent  that  if  there  was 
nothing  more  for  the  Committee  to  do,  further  ex- 
penditure of  time  was  useless. 


CHAPTER   XXVII. 


EEFOUE  THE  WORLD. 


Things  do  not  torment  a  nmn  so  much  aa  the  opinion  he  has  of  things. 

JHoH!aif/iie. 

Often  in  the  most  liberal  governments  tlierr>  sprinii^s 
from  fanaticism  an  absolutism  vrhicli  rages  as  liercely 
as  any  which  may  bo  found  under  monnreliieal  despot- 
ism. In  the  midst  of  the  vigilance  movement  there 
were  promulgated  by  its  o[)[)onents  doctrines  more 
extravagant,  and  sentiments  more  slavish,  than  any 
enunciated  by  worshippers  of  the  British  throne  since 
the  days  of  King  John. 

It  is  very  easy  to  judge  the  actions  of  others,  par- 
ticularlv  when  we  know  nothing  about  them.  Critics 
are  so  much  wiser  tlian  the  criticised,  are  so  much 
better  informed  than  others,  that  no  matter  what  a 
man  may  spend  his  life  in  studying,  he  has  at  last 
to  awake  to  the  disappointment  of  finding  a  hundred 
who  have  never  looked  into  the  subject  knowinij  much 
more  about  it  than  himself. 

The  position  assumed  by  a  journal  has  too  often 
little  to  do  with  the  principle  involved.  The  first 
(piention  a  newspaper  proprietor  asks  in  determining 
which  side  of  a  proposition  he  shall  espouse  is,  Whicli 
will  ])ay  best?  Clearly  it  was  the  correct  policy  of 
the  Herald,  whicli  even  at  this  early  date  enjoyed  the 
patronage  of  the  auctioneers  and  merchants,  to  sus- 
tain the  popular  movement.  And  so  with  the  AlUt 
and  the  Chronicle.  The  San  Francisco  Morniiuj  Post, 
however,  saw,  or  thought  it  saw,  an  o]iening  on  the 


408 


BEFORE  THE  WORLD. 


other  side.  Tlier<^  woio  too  many  viijiliinco  joui'iials. 
Tlioro  were  inaiiy  o|)j)()sc(l  to  the  Vii^ilaiico  Coiuin't- 
tee,  and  naturally  enoU'L>;h  the  sentiment  of  law  and 
ordei-  would  increase  with  time,  so  that  no  little  hun- 
eomlu!  mijjfht  he  induly:ed  in  l>v  eond)atin<jf  the  cause 
of  vi<rilanco.  1  need  scarcely  say  that  the  Cln'ouivlc 
and  the  Post  of  that  day  were  not  the  journals  heai- 
iuiLj  the  same  names  to-day. 

'I'he  Post,  the  champion  of  law  and  ordei*  durinj^ 
the  year  1851,  as  a  matter  of  course  warps  all  east- 
ern intclliu^ence  to  its  own  ends.  In  its  issue  the  lOtli 
of  Septend)er  the  editor  remarks: 

"An  intelligent  gentleman  vlio  lias  just  ai-rived  in  the  No  ?/)cr)(('C  informs 
ns  that  in  travellint;  throujflioiit  the  nintliern  Btatcs  he  found  hut  one  j)i-e- 
vailiiij;;  opinion  with  the  class  of  men  whose  interests  aro  eonnectcd  with  (,'ali- 
fornian  trade,  and  that  was  that  tiiis  t'onnnittt^e,  with  its  jieeuliar  and  i-.v- 
traordinary  organization,  had  injured  the  credit  and  stjuiding  of  this  city  to  a 
greater  extent  in  the  states  than  all  the  lirea  and  other  calamities  we  haVij 
ever  HuH'ercd.  'J'his  organization  was  urged  as  an  ohjeetion  in  New  york  to 
any  investments  ill  Califoruiaii  state  and  other  securities  emanating  from  here; 
aad  if  the  hanging  of  Jenkins  on  the  old  adobo  had  afl'ected  nothing  else  it 
had  driven  f'ulifornian  securities  down  some  fifteen  or  twenty  per  cent  in  tlio 
Atlantic  cities.  If  our  credit  is  tarnished  hy  these  proceedings  it  may  he 
called  croaking,  or  what  we  choose,  Imt  it  do«!a  not  alter  the  fact  that  the 
meivhants  and  bankers  of  the  east  will  regard  us  all  with  distrust,  as  a  country 
without  law,  as  a.  people  ready  to  take  life  without  legal  trial,  and  as  much 
more  likely  to  repudiate  any  obligations,  ami  therefore  not  to  be  trusted." 

Deginninj.^  with  the  Lontlon  T/nics  of  the  27tli  of 
August,  we  find  written  of  Cahfornia: 

"It.9  moral  condition  from  year  to  year  has  Iwen  appjireutly  declining, 
and  in  place  of  imperfect  institutions  we  now  .see  a  deliberate  supercessiou 
of  law.  Were  it  not  for  the  current  belief  to  incendiari.sni  wo  should  hardly 
Iks  warraiited  in  drawing  any  positive  inference  from  the  cxtniortlinary  recur- 
i-ence  of  general  conflagrations  in  these  distant  juirts.  There  certainly, 
iiowever,  is  no  paraUel  in  history  to  the  combustibility  of  San  Francisco. 
The  political  age  of  the  city  is  liarcly  tlii'ce  years,  and  yet  it  has  been  six 
times  destroyed  by  fire — desti-oyed,  we  learn,  so  totally  that  scarcely  a  s(iuan! 
remained  nnconsumed.  It  has  twice  sufi'ered  grievously  fnjin  inundations; 
it  was  horribly  afilicted  by  tlie  eholcrii  twelve  months  ago,  and  its  ordinary 
climate  is  said  to  be  destructive  to  European  health.  Xotwitlistandiiig  all 
this,  San  Francisco  survives  and  increases  at  a  rate  leaving  London  and. 
Liverpool  far  behind.  The  point,  lioMever,  to  which  wo  would  bespeak 
atteutiou  ia  the  remarkable  moveuieut  of  opiaiyUj  in  virtue  of  which  wiiat 


LONDON  AND  RAN  r?.ANCI3C0. 


409 


waa  once  a  barlxirou:!  proccm  of  vcngwincc  or  vioK'nco  liii.i  been  traiisfonueil 
into  II  ivcogiiizftl  (iiHratidii  of  ]Hi|mlar  justici'.  lint  it  iiiiuit  In-  cviiK'iit  to  nil 
olwcrvurs  that  an  orguni/i'il  iMaociation,  powurfiil  cnotigli  to  siiiktsciIo  the  law 
of  the  lun<l  in  <)|H:n  (lay,  <^uul(l  luivc!  no  posHible  ditliculty  i:i  ainonding  thu 
ailiiiiniatration  of  thia  law,  .'lail  they  diivi'ttMl  tlu'ir  cll'orts  t'>  siKth  a,  imrposi! 
instead  of  dispensing  with  law  altogether.  Very  likely  the  jaiLs  wito 
defeetivc,  tho  iHjliee  remiss,  the  assi/.es  i-eniote,  and  the  general  prospeet 
unsatisfaetory ;  but  we  need  waste  no  woid.i  in  observing  that,  in  a  coinniii- 
iiity  pretending  to  some  eivili/ation,  nominally  well  organized,  and  formally 
iidinitted  into  such  a  federation  as  the  Anierican  Union,  the  exertions  of  the 
eiti/ens  should  have  been  turned  to  su|»i)!ying  these  ddieiencMes  iiitlier  than 
t.)  instituting  precedents  of  which  no  man  can  ealeidate  the  evil.  The  Hnglisli 
reiiiler  may  jM'obably  think  it  a  superlluous  consumption  of  argument  to  prove 
tliat  men  should  not  be  put  to  death  by  the  agency  of  a  mob  or  at  the  bid- 
ding of  a  secret  society;  but  tlmti^nor  of  our  corresponili'nee  thx^s  really  give 
a  gravity  and  im[>ortanee  to  these  proceedings  which  such  outnigcs  woultl  not 
otherwise  {His.sess.  It  is  not  denieil  that  the  d(lin(pients  had  what  in  SaX(  n 
j'hrase  is  a  fair  trial,  that  Ihey  were  most  undoulitcdly  guilty,  anil  that  the 
system  is  operating  to  the  terror  of  ollendcrs  hithert(»  incorrigible.  In  fact, 
the  principle  avowed  is  that  of  kiIkii  ]n>]>iiH  ^niirnna  lex.  and  the  inhabitants 
concur  in  asscu'ting  that  the  tinu-  for  ajipc'al  to  this  ultimate  resort  was  uncou- 
tcstably  come.  l>ut  they  must  sui-ely  see,  upon  relkction,  that  no  calamity 
can  be  .so  truly  formidable  as  t!ie  sulntitution  of  force  for  hiw,  and  that  if  the 
recognized  machinery  of  justice  be  thus  set  aside,  uncontrollable  auiU'chy  must 
infallibly  result." 

Conwnonting  upon  this  the  editor  of  tho  Cali- 
foriiiii  Courier  remarks: 

"The  first  sentence  in  the  above  extract  is  true  in  no  om;  p.articular. 
The  London  Timrxin  remarkable  for  its  vindictive;iess  and  niisvepreseiitatiou 
of  American  institutions  and  character.  Our  true  charactei-  as  a  pcojile  has 
rai'ely  Iteen  fairly  presented  by  correspondents  to  joimials  in  the  Atlantic 
states  and  in  ?]uropc.  They  have  most  generally  songlit  to  manufacture  mag- 
niticent  stories,  for  the  purpose  of  having  their  connnunications  i'ea<l  and 
si)oken  alK)ut.  To  this  source  we  atti-ibute  in  a  great  degree  th.^  many  al)- 
snrd  statements  and  unjust  rejections  upon  the  jjcople,  tlii^  institutions,  and 
tlie  climate  of  our  state.  'J'he  '/'iiiien  is  radically  in  error  in  stating  that  San 
J'rancisco  has  been  twice  inundated.  It  has  never  l)een  once,  auil '■  '  never 
expect  to  see  it.  The  action  of  the  Vigilance  (.'onnnittee  was  th  ;•.-', It  of 
high  moral  considerations.  That  Conuuittee  has  not  only  arri'sted  ciime,  but 
it  hus  saved  life  and  stinmlated  honest  industrj'.  It  has  made  an  impression 
that  has  jienetrated  and  penneated  every  portion  of  the  commonwealth  that 
crime  caiuiot  be  committed  with  impunity,  that  all  men  must  secui'c  a  living 
by  the  sweat  of  their  brow,  in  an  honest  calling.  We  are  not  only  thankful 
for  the  good  work  of  that  Cor.unittoe,  but  for  the  salubrity  and  purity  of  our 
climate,  and  the  proud  career  which  is  opening  for  our  people  and  tlic  jiowcr- 
ful  young  state  of  their  udoptiou. " 


m 


BEFOnE  THE  WORLD. 


From  far  away  Vcniiont  there  come!?  a  ji^cntle  wail 
whicli  makes  one  fairly  pitv  one's  self  for  beinjjf  of 
California.     Tims  the  l/iu'on   WIi'kj: 

"It  ik[ipt!ar.»  thiit  at  privsciit,  Iut  rupublicaii  eonjtitution  having  been 
fouiiil  unauiti'il  to  the  mural  gnulo  of  tliu  pooplo,  California  is  govt'itiud  liy 
the  most  tcrribk'  of  all  fonii:)  of  <k'spotism.  Siicli  is  the  only  ground  upon 
■whiuli  the  present  measures  e;in  he  even  palliated.  If  the  mass  of  the  people 
fti'e  so  corrupt  tliat  no  patience  and  vigor  of  constitutional  ell'ort  on  the  part 
of  the  propei-ty  holders  can  all'ord  a  hope  of  imparting  jjurity  and  certainty 
to  the  oi)eration  of  law,  then  indeed  i.i  society  virtually  resolved  into  its  ele- 
ments, the  constitution  has  ceased  to  lie,  and  some  form  of  self-protecti:)!! 
must  and  ought  to  spring  up  adapted  to  the  emergency ;  in  other  words, 
s  )uie  foi-m  of  despotism  is  the  only  alternative  of  anarchy  for  that  people, 
^lurderers  unhanged,  prisons  and  sherill"  made  the  laughing-stock  of  culprits, 
judgea  corrupted,  and  crime  stalking  unrebuked  at  noonday,  these  would  not 
persuaile  us  that  tiie  stjite  of  thing.s  we  have  supposeil  had  arrived.  Patience 
unci  vigilance  may  gradually  remedy  all  tiicse,  if  the  niMJority  of  the  peojilo 
so  resolve,  in  a  constitutional  manner.  Ihit  this  lierce  impatience  of  delay  in 
a  lawful  remedy;  this  vengeful  swiftness  to  sheil  blood;  this  unwillingness  to 
sull'ei'  for  tile  siiki^  of  constitutional  liberty;  all  lies|)eak  a  people  incapable  of 
self-government  and  ignorant  of  the  (ir.st  principles  of  freedom.  The  prob- 
lem for  Califi)rni;i,  in  thi^  first  place,  is  not  .so  much  whether  her  laws  can  be 
made  m-.)re  strin'^ent  and  summary  for  the  emergency,  her  courts  'rifled, 
and  her  prisons  fortilied,  as  whether  her  people  can  be  brought  bac'  asou 

and  the  constitution.     This  done,  the  former  may  follow  at  once." 

Ami  ajifain  the  Californ'ia  Courier  takes  up  the 
gauntlet: 

"  In  the  outset  the  editor  assumes  that  it  had  been  discovered  that  the 
republican  constitution  and  laws  of  this  state  were  found  unsuited  to  the 
moral  grade  of  the  people  of  (California !  Upon  what  information  docs  the 
eilitor  found  such  an  as;-iumptioii?  On  the  contrary,  the  constitution  and  hiws 
of  California  are  aihnirably  suited  to  our  wants,  so  far  as  criminal  matters  ar.i 
concerned.  Had  he  been  Iicrc  and  investigated  the  real  state  of  affairs  he 
would  have  discovered  that  it  was  for  want  of  the  proper  enforcement  of  these 
laws  that  the  services  of  the  Vigilanci!  Committee  were  brought  into  requi- 
sition. Piut  the  writer  talks  about  patieucy  and  constitutional  effort  to  briii;,' 
about  a  remedy  hn-  the  evils  under  which  we  laboretl.  Patience !  Let  the  edit'  ir 
liav<'  been  placed  in  the  situation  of  a  Jansen,  or  of  a  l)rother  of  Reynold;, 
or  of  the  sixty  men  who  had  sufiered  death  at  the  hamUs  of  the  assassin  in 
our  city  during  the  year  previous,  or  of  one  of  the  thousands  who  sutl'ered 
from  the  torch  of  the  incendiary,  an<l  reilect  that  in  no  instance  ha<l  punisli- 
ment  been  inflicted  uj)on  the  guilty  perpetrators,  and  then  talk  about 
patience!  His  heart  must  ))e  colder  than  the  snows  of  his  barren  (Jreea 
Mountains  had  it  not  leajWHl  for  joy  when  a  few  men  nobly  came  forward  and 
eatablishud  that  terrible  but  jcsi  tribunal,  the  Vigilance  Committee.     There 


fiiAP.nrs  a:sD  ansv.trs. 


411 


3  wail 
jur  of 


iig  been 

H(l  \\\x>n 
10  people 
tlie  piii't 
certainty 
;o  its  elu- 
rotectiDU 
[iv  wonls, 
t  jieopU'. 
'  culprits, 
voultl  nut 
I'iiticiu'O 
ic  pcoplo 
f  delay  ill 
injj;iiess  ti) 
capable  of 
The  pr<)l>- 
ws  can  be 
a     'rifieil, 
asiiu 


^ip  the 

that  the 
ed  to  the 
does  the 
and  laws 
litters  aro 
Lffuirs  he 
It  of  these 
|to  roqui- 
to  brin;; 
Ihc  editor 
Leynolds 
|sa»sin  in 
suU'ered 
puniish- 
Ik  about 
III  (Jreeu 
^•ard  and 
There 


ii  in  tlic  above  extract  a  studied  attempt  to  create  the  impression  tliat  revenge 
or  the  desire  to  Hhcd  blood  waj  the  motive  wliieli  actuated  tiio  fonuntioii  of 
tile  ('omiiiitteo  and  its  sulmeriuent  conduct  This  idea  no  one  here  mIio  knew 
tlu;  men  eoniposin;,'  it  or  who  scanned  closely  their  action  will  for  a  moment 
t  mntenancc.  What  were  tliu  acts  of  the  Committee?  Wiio  ilid  they  pmiisli'.' 
|)i  1  any  innocent  man  ever  utiller  from  their  act;-.?  15y  no  means.  On  tiie 
coiitrurj,  what  would  liave  been  the  fate  of  Uurdiie  iiad  it  not  Ik'cii  for  the 
airest,  conviction,  and  [lunislimeiit  of  Stuart?  The  former  bad  all  lliu  beue- 
lit.i  of  the  civil  tribunalu,  and  yet  v,ai  under  unjust  sentenco  for  robbery  and 
iiiunler  on  two  distinct  clur.'ge;!.  I'.ut  the  editor  has  maile  the  discovt^y  that 
tlie  people  of  (,'alifoi'nia,  who  have  been  scarce  two  years  out  of  the  Atlan.ic! 
states,  and  who  hail  from  every  portion  of  our  great  uuil  glorious  L'ni(.ii,  are 
incapable  of  self-government!  Wliat  a  discovery,  to  be  sure.  Here  wo  uro 
with  t!ie  constitution  and  laws  upset,  ineapalile  oi  government,  trampling  all 
laws  underfoot,  and  yet  a  tax-collector  makes  known  that  seventy-live  thou- 
sand dollars  are  wanting  to  meet  the  interest  on  the  city  debt,  ami  in  a 
week  double  that  amount  is  raised  -more  money  than  can  be  Hi|iiee:'ed  out  of 
tlie  people  of  the  whole  state  of  Vermont  in  two  years!  The  proi'lem  of 
wMeii  the  editor  speaks  has  Jilready  been  solved,  we  trust  to  his  .'^aiisfactioa. 
So  siHjii  as  the  nest  of  villains  who  were  preying  upon  us  had  bet'ii  broken  I'.p, 
and  a  disjtosition  was  evinced  to  carry  into  i  >  cutioii  our  laws,  just  that  .soon 
did  the  Vigilance  Committee  cease  to  e.xeivise  its  powers.  ]>ut  we  can  (e"l 
that  editor,  and  all  the  world  besitle,  t!iat  should  the  same  necessity  leipiire 
it,  tliey  will  resume  their  powers  with  twofold  the  iiumei'ieul  stixjiigth  wiili 
which  they  before  existed." 


Tlius  the  Pliiladelpliia  Lodycr: 


"The  news  from  California  hy  the  llmtlirr  Jonathan  is  interesting.  Sail 
rraneisco  seems  to  be  a  city  of  excitement.  In  the  absence  of  lire  to  keep  up 
a  pleasant  popular  feruK'nt  tlie  citizein  resort  to  a  ditVerent  species  of  amnse- 
iiK'iit.  and  hang  a  in;in  under  the  lyncli  code  by  way  of  vindicating  (lu^  laws 
mill  enforcing  nioi'al  honesty.  A  miserable  wretch  cau;;ht  stealing  has  been 
Mvized  and  h;in.';cd  by  a  mob  composed  of  the  most  respectable  individuals — 
respectable  for  wliat?  Not  surely  for  being  good  citizens,  .sup[)orting  the  law, 
and  aliiding  by  its  decisions.  The  faci;  that  tliey  were  ns[)ectabie  citizens 
who  commiLted  tliis  act  is  iiienlioned,  we  suppose,  to  justify  the  outrage;  but 
it  is  time  that  respectability  in  (.'alifornia  sliould  be  t:ui;^;ht  that  the  Liw 
was  made  for  all,  and  that  its  authority  should  be  respected  by  all  respect- 
able or  otherwise,  (.'alifornia  has  made  a  bad  beginning  in  this  respect;  and 
unless  the  real  respectability  of  the  place,  the  men  who  know  that  laws  an; 
made  to  secure  their  rights  and  cannot  be  violated  with  impunity  by  any  mob 
without  injury  to  society,  unless  these  men  should  stei)  forward  aiiil  jiut  an 
end  to  such  acts  of  outrage  and  rebellion,  by  assisting  the  lawful  a;ithoiity 
and  properly  punishing  those  audacious  enough  to  set  it  aside,  greater  cahuni- 
tii's  tliaii  liave  befallen  California  will  ensue,  and  iiceiies  of  violence,  destruc- 
tion of  property  and  life,  will  Ijethe  seip.iel  of  the  matter.  It  .seems  that  one 
of  the  priiicipal  persona  who  figured  in  this  outrage  is  not  >ery  reinarkublo 


uy 


412 


BEFOni:  THE  WORLD. 


for  moral  honesty  himself,  for  an  occurrenco  of  very  questionable  honesty  in 
New  York  is  related  iu  which  ho  ia  char'jcd  with  l)ein^  the  principal  actor. 
We  see  other  names  mentioned  in  the  affair,  of  j)ersons  who  may  still  have 
creditors  in  this  part  of  the  world  who  might  be  loath  to  trust  tlie  publi(j 
integrity  to  their  keeping  exclusively. " 

Great  was  the  lo3:^  to  California  that  the  Ledgers 
editor  had  not  been  there.  It  i;^  so  ca«y  to  sit  in  a 
f-anotum  chair  three  thousand  miler,  away  and  tell  how 
things  ought  to  be!  Hear  him  again  on  the  18th  of 
August : 

"This  was  a  violation  of  existing  laws,  and  rendered  t'.iom  technically 
criminal  in  every  proceeding  agaiuat  anybody's  life,  liberty,  or  property.  Wo 
do  not  justiry  such  proceedings.  T!iey  would  be  criminal  in  the  last  degree 
in  any  other  state  of  the  Union ;  and  they  arc  criminal  in  California  so  f.ir 
as  they  are  needless.  Tlic  honest  portion  of  the  people  might  form  commit- 
tees to  detect  criminals  and  to  aid  the  authorities  in  securing  them ;  antl  so 
far  as  their  laws  were  defective  they  miglit  insist  ujwn  an  immediate  session 
of  the  h.'gislaturc  to  reform  them ;  and  if  tliey  wanted  confiilencc  in  their 
judges  and  sherifTs,  public  opinion,  thoroughly  roused,  miglit  compel  them  to 
reform  or  resign.  We  think  tliat  all  tlie  good  done  by  these  committees  of 
vigilance  against  law  miglit  have  been  <lono  according  to  law,  by  cooperation 
witli,  instead  of  opposition  to,  the  civil  authoritiea.  Jiut  considering  the  hor- 
rible state  of  tliing.s  in  California,  tiio  result,  ia  ii  >  3;uall  dogree,ofo!iicial  laxity 
or  dislionesty,  much  of  which  was  imported  from  New  York,  we  do  not  ccjn- 
<lcmu  tlieir  ]»roceedings  quite  .so  severely  as  we  shouM  similar  proce(!dings  in 
any  other  state.  A  self-c(mstituted  tribunal  cannot  be  tolerated  under  a  regu- 
lar and  free  government  without  putting  all  rights  at  hazard.  But  under 
these  pressing  exigencies  in  California  we  admit  that  a  salutory  terror  has 
been  inspired  amcmg  criminals ;  and  we  will  hojie  that  all  good  citLiens  of  that 
state  will  aid  instead  of  acting  independently  of  the  lawa. " 


The  New  York  Herald  of  the  IDtli  of  September 
remarks : 

"The  prominent  and  by  far  the  most  conspicuous  feature  of  the  California 
news  is  the  prevalence  of  what  would  be  called  on  this  side  of  the  continent 
the  supreme  autliority  of  Judge  Lynch.  In  San  Francisco  it  is  the  execution 
of  the  decrees  of  the  Vigilance  C'oniniittee  of  live  hundred,  not  quite  ho 
ceremonious  as  the  old  Venetian  Council,  in  the  prompt  punishment  of 
criminals,  ami  for  the  preservation  of  law  and  order.  Strange  as  it  may  soujil 
in  this  longitude,  these  otr-haiid  trials  anil  summary  executions  are  in  g;iod 
fuitli  ilesigned  for  the  ])reservation,or  rather  the  restoration,  of  law  and  order. 
Tlie  criminal  may  be  a  murderer,  a  horse-thief,  a,  burglar,  an  incendiary,  a 
common  sliop-lifter,  or  a  petty  rogue,  if  the  vigilance  committee  catch  liini 
aud  convict  him  he  is  iustuiitly  carried  out  and  huugud  up  at  the  nearest  con- 


THE  NEW  YORK  IIEHALD. 


413 


vcnicnt  troo,  or  hcam,  or  rope  and  tackle.  Tl»c  crime,  the  p'.irriuit,  the  ap- 
prehension, the  indictment,  the  trial,  the  judgment,  and  the  execution,  may 
all  take  place  tlic  same  afternoon.  The  whole  business  in  the  east;  of  Jenkins 
was  done  in  the  course  of  an  evening,  by  moonlight ;  and  in  the  ciiso  of  Stuart, 
unotlier  liotany  Iljvy  convict,  tried  also  as  a  tluef,  the  interval  lK;twecn  the 
commencement  of  his  trial  and  the  hanging  was  alx)ut  five  hours.  In  the  ca.so 
of  t'.ie  Mexican  woman  at  I>)wnieville,  who  for  fatally  stabbing  a  minrr  was 
trie<l  by  the  popular  jjrocess  in  such  cases  established  and  convicted  of 
murder,  the  blood  of  her  victim  was  not  yet  cold  when  the  woman,  liaving 
licen  tried,  convicted,  and  condenmed,  was  swinging  lifeless  in  tlie  air.  The 
Anglo-Saxon  institution  of  the  rope,  by  a  sort  of  wittena-gemoto  or  comnumo 
cDnsilium,  may  bo  considered  fis  pretty  well  established  in  California;  but 
the  rapidity  witli  which  it  brings  the  criminal  to  his  (]uietu.s  is  somewliat 
startling  to  a  communitj'  accustomed  to  the  slower  formalities  of  law.  This 
(piickncss  of  the  penalty  is  even  more  astounding  to  our  preconceived  notions 
l!ian  the  range  of  crimes  wliicli  come  under  tlio  death  penalty  by  the  new 
California  cmlo.  We  have  no  nice  distinctions  Ijotween  nmrder  and  man- 
slaughter, Jior  between  highway  robliery  and  a  petty  theft;  tlie  same  judg- 
ment of  stmngulation  makes  short  work  of  them  all.  Truly  this  is  a  teri'ible 
state  of  things,  and  is  deeply  to  l)c  deplored.  IJut  the  people  of  California,  it 
appwirs,  not  only  have  reasonable  CKCuse.4  for  these  summary  and  imliseriini- 
nate  executions,  but  their  sitiuition  is  sucli  as  imperatively  to  demaml  tlicn. 
The  Australian  convicts  of  England,  the  most  dcsiHjrato  ami  lawless  vaga- 
bonds from  every  nation  under  the  sun,  have  l»cen  c(Hicentrating  tlieir  fores 
in  CaUfornia  since  the  golden  discoveries  of  VMS.  They  have  become  formi- 
dable, dangerous,  and  criminally  mischievous.  Murd':rs  and  robberies  wcrti 
nmltiplying;  San  Francisco  was  in  the  jwwer  of  incendiaries,  and  her  citi- 
zens and  their  property  at  the  mercy  of  thieves  and  assiissins.  Tiu;  existing 
laws  were  inetlicient;  they  were  so  slow,  and  the  means  of  coniim-ment  of 
oll'enders  so  insecure  that  the  eliances  were  in  favor  of  their  esea\H'.  Such 
was  the  state  of  things  which  led  to  the  Vigilance  Committee  and  its  sum- 
mary execution  of  the  judgnuiuts  luider  tiie  new  cinle.  It  a{)iK'ars  that  tliis 
Vigilance  Committee  act  as  such  without  pay  or  emolument,  but  simply  to 
maintain  the  supremacy  of  the  rights  of  life  and  property.  There  may  be 
tiien  no  lielp  f(jr  the  existing  stiite  of  things  in  California.  It  nuiy  bo  that  the 
imperative  necessities  of  self-j)reservation  have  driven  the  people  to  these 
extremities.  Wo  trust  that  law  and  order  may  soon  be  rei'stJiblisheil  and 
a.ssigned  to  some  effective  guardianshi|)  uiider  the  regularly  constituted 
tril)unals  of  the  country.  We  have  no  doubt  whatever  that  the  activi',  liouost 
business  comnmnity  of  ('alifornia  are  lalK)ring  to  this  end,  nor  luive  we  any 
doubt  of  their  iiual  success  in  attaining  it." 

And  again  on  tlie  2(;tli  of  Soptember  with  sonio- 
what  more  of  self-complacency: 

"  The  news  from  California  an<l  Tiower  ('alifornia  is  of  a  gratifying  char- 
acter. We  are  happy  to  find  that  the  popidar  tribunal  at  San  Francisco,  called 
the  Vigilance  Committee,  luis  now  surrendered  to  the  legally  constituteil  ail- 


414 


BEFOKE  THE  V.'ORID. 


ministmtors  of  the  law  the  pcculisir  functioiia  which  belong  to  ciich  officers  in 
all  civilizeil  coniniunitics,  nnd  that  this  body  of  men  who  have  been  forced  by 
ciicunistances  to  usurp  legal  authority,  in  compli:inco  with  a  popular  instinct 
toward  the  preservation  of  life  and  property,  are  now  no  more  than  a  force 
of  voluntary  police  olBcers,  snoh  us  are  commonly  found,  though  smaller  in 
n.imbcrs,  in  every  vilh-.go  in  tlie  United  States  where  circumstances  require 
iiuc'.i  an  organization  for  the  protection  of  societj'  against  t!io  lawless  and 
licentious.  It  is  to  be  hoped  th.it  other  lynch  tribunals  iu  the  sparsely  settled 
districts  of  California  will  soon  be  dispensed  with,  eitlier  by  the  issuing  cf 
legal  connnissions  or  by  some  judicial  means  for  bringing  the  ofTendera  againat 
life  and  property  to  justice.  The  execution  of  Greham  at  Greenwood  Valley, 
though  conducted  with  extra-judicial  forms  of  law,  and  with  exterior  pro- 
priety, is  an  event  to  be  deplored,  however  necessary  such  examples  may  seem 
to  tlioso  who  are  beyond  tli>'  immediate  assistance  of  legal  authorities,  nnd 
wlio  are  excited  to  make  terrible  the  retribution  of  society  in  cases  of  wanton 
crime." 

The  Now  York  Journal  of  Commerce  conoliKles  a 
loiiiT  account  of  Californian  affairs  in  these  words: 


"Wo  invoke  no  sympathy  for  the  victim.  Ho  was  a  man  of  crimonnd 
blood,  and  his  existence  was  incompiitible  with  the  safety  of  society.  The 
vindication  of  public  justice  demanded  hii>  execution,  but  not  by  the  infringe- 
ment (if  public  law.  Tliere  was  no  risk  nor  peril  to  be  appreheiided  from  a 
juliei:il  trial  which  the  eonnnittee  of  seven  hundred  luul  not  ample  power  to 
avL'i't.  Judge  Campbell,  in  his  charge  to  the  grand  jury,  says  that  under  the 
l:iw  then  recently  come  into  operation,  so  amended  as  to  secure  the  arjeedy 
trial  and  conviction  of  ofTenders,  the  time  requisite  for  the  indict"!- .jt,  trial, 
conviction,  and  sentence  need  not  exceed  a  wee!:;  that  amrle  provision  ex- 
isted for  the  safe  custody  of  criminals;  and  that  so  far  from'Jicre  being  laxity 
in  the  execution  of  the  l:iws  and  the  administration  of  justice,  the  courts  M'cre 
straining  ever}'  nerve  to  dispose  of  the  criminal  businesi'  of  the  county.  It  is 
Juondly  certain  that  if  the  Vigilance  Cjni:nitteo  had  surrendered  Stuart  to 
the  oUieors  of  the  law  when  his  guilt  w:n  estiibli^'.ied  by  confession  or  evi- 
dence hi.s  fate  would  have  been  t'.ie  same,  nnd  the  society  would  li;ive  felt  a 
sense  of  security  from  the  triumph  of  lav,-  which  tlie  violence  of  popular  in- 
dignation can  never  iinpart  to  it:  M  had  it  turned  out  that  the  confession  was 
extorted  by  fear,  and  the  evidence  did  not  justify  conviction,  the  result  would 
have  vinilicated  the  justice  of  a  public  and  impartial  trial  by  a  jury  of  i;ii- 
prejudiced  men,  and  exhibited  the  danger  to  which  innocence  is  expired  by 
secret  trials  and  sudden  executions.  The  right  of  defence,  the  opportunity 
of  employing  counsel  and  summoning  witnes.se.s,  which  the  law  gives  to  the 
accused,  is  a  sliield  for  the  protection  of  innocence,  and  implies  no  sympathy 
with  guilt.  The  annals  of  juiisprudence  in  all  countries  nnd  in  all  tinu  i 
demonstnite  the  necessity  of  that  security  to  the  maintenance  of  right,  nnd 
that  whore  it  docs  not  exist  the  weak  and  simple-minded  are  exposed  to  be 
made  responsible  for  the  crimes  of  the  wicked  and  the  strong.  If  the  state 
of  society  iu  California  demands  the  exiutencc  of  a  cotmnittec  of  vigilance, 


OTHER  NEW  YORIt  JOURNALS. 


415 


the  action  of  that  botly  Bhould  be  in  cooperation  with  the  officers  of  justii^c. 
Acting  in  defiance  of  the  law,  it  iKjrpetratea  abuses  more  dangerous  than 
those  which  it  socles  to  remedy.  The  defenders  of  tliis  association  point  to 
its  rapid  increase  in  numbers  as  an  evidence  of  its  i>opularity.  No  wond<.T 
t!iat  pejplc  aspire  to  enroll  tluniiselvea  on  its  lists.  Wlio  would  not  rather  bo 
the  niadtor  than  the  slave?  It  ii  the  supreme  iK>wer  in  the  ato''c.  Its  control 
is  unlimited.  Life,  lilierty,  property,  and  reputjition  are  a-  mercy.  In 
the  language  of  the  local  judiciary,  it  overrides  the  laws  and  sets  the  consti- 
tution at  defiance.  Its  organization  is  extending  itself  by  branches  througli- 
out  the  whole  of  California.  At  the  laat  advices,  placing  full  eunlidencc  in 
the  accusations  of  a  muidei-er  ami  villain  whom  it  hail  just  put  to  death  for 
Ilia  crimes,  it  was  scouring;  the  state  to  secure  the  persons  of  those  who  were 
so  unfortunate  as  to  be  obnoxious  to  his  denunciations.  Its  usurpation  has 
no  limit  in  extent  of  power,  and  it  may  be  that. its  limit  of  duration  maj'  bo 
determined  only  when  it  amvts  at  a  pitch  of  insolence  that  calls  for  action 
ill  virtue  of  the  federal  constitution,  which  makes  it  the  duty  of  the  United 
States  to  guarantee  to  every  state  in  this  Union  a  republican  form  of  govern- 
ment." 

The  New  York  yl^/(W  observes: 

"It  seems  that  the  civil  commotions  which  have  recently  excited  and 
agitated  San  Francisco  and  the  state  generally  have  had  the  effect  of  crowd- 
ing the  steamers  with  passenger.-*  for  the  Atlantic  portion  of  the  Union. 
These  men  have  become  alaniicd  at  the  dangers  which  of  late  I'.ave  beset 
lives  anil  property  on  all  sides,  and  h.ive  in  conseijucnce  made  uj)  their  minds 
to  bid  adieu  to  the  Eureka  state.  ]<ut  wc  think  tiny  havo  acted  hastily  in 
iW.i  matter,  and  that  they  regretted  it  ere  they  reached  our  shores.  The  con- 
victs, who  have  succeeded  by  their  daring  crimes  in  spreading  consternation 
among  the  honest  jwrtion  of  the  community,  will  be  cxpe'K d  from  the  cimntry 
or  suspended  between  heaven  and  earth  in  duo  time,  wlirii  urdcr  will  again 
reign  in  California.  In  place  of  those  wlio  return  others  wiil  emigrate  fnmi 
tlie  older  states  who  will  take  advantage  of  the  opening  tints  mr.de  fir  new 
enterprise  and  new  men.  These  men  will  reap  the  brnetits  which  would  have 
fallen  to  the  older  settlers  who  leave  the  country.  While  all  this  is  going  on, 
(.'alifornia  will  rise  as  rapidly  in  the  path  of  her  destiny  as  though  nothing 
had  taken  ])laco  within  her  borders.  In  less  than  five  years  this  young  sister 
of  our  confederacy  of  lepubHcs  \.  ill  lival  any  litate  in  the  Union  in  moat  of 
the  elements  of  greatness  and  prot^peiity.'' 


Ill  the  Asmoncau  of  tlio  lath  of  Aujjfust  is  written: 

"  The  most  prominent  feature  of  the  California  news  is  the  firm  establish- 
ment of  the  supreme  authority  of  Judge  Lynch.  Wc  who  are  bitter  oppo- 
nents of  capital  punishment  in  ci\ili/.ed  communities  deeply  lament  this 
terrible  state  of  affairs,  lint  consideiing  that  California  is  overrun  not  only 
by  the  convicts  of  IJotany  Iky  and  Norfolk  Island,  but  by  the  most  desperate 
and  lawless  villains  from  every  nation  under  the  luu,  cuiuiot  but  admit  that 


4IG 


BEFORE  THE  WORLD. 


the  summary  oxocution  of  the  jtnlgments  of  the  Vigilance  rommittec  are 
absolutely  necessary  for  the  maintenance  of  the  supremacy  of  tlic  rights  of 
life  anil  property.  Society  in  California,  disorganized  by  this  vast  accession 
of  marauck'i's  of  eveiy  typo  and  grade,  liecomes  resolved  into  its  first 
elements,  whuu  association  or  combination  of  the  well  disposed  to  repress 
by  stern,  terrilic,  and  rapid  punishment  the  nets  of  the  wrong-doer  is  not 
oidy  jnstillable  but  praiseworthy,  and  tho  men  de8er^^^g  of  commendation 
who  stand  in  tho  giqi  to  brave  tho  senseless  odium  cast  upon  them  by  those 
wlio  cannot  (;•  will  not  see  the  abyss  into  wliich  the  comnumity  is  plunged 
by  the  folly  jind  imbecilitj*  of  the  administration  of  the  law,  or  the  laxity 
of  the  police  regulations.  It  would  be  violent,  miscliievous,  nay  infamous 
conduct,  to  assetiiblo  rn  iinixxe  in  the  state  of  New  York  and  override  the 
civic  and  state  authorities,  to  iipprehend,  try,  and  punisli  criminals  ere  tlio 
sun  had  set  on  the  day  on  which  the  otience  had  been  committed,  for  New 
York  has  all  tho  appliances  of  an  eiiicicnt  force  to  jjrotect  her  citizen.'* ; 
California  ha.s  nothing  ajiproaching  the  same.  She  has  named  her  authorities, 
but  tliey  have  yet  to  gather  the  lirmness  ncees.sary  to  make  her  laws  elBcicnt 
and  resjH'cted.  1'Iie  jiosition  of  affairs  is  to  be  deplored,  not  to  )»c  won- 
dered at.  There  are  hosts  of  men  there  who  would  not  willingly  hurt  a 
wonn  ;  but  when  the  incendiary  and  the  murderer  openly  contemn  the  right.s 
of  property  and  the  value  of  life,  their  knowledge  of  the  duties  they  owe  to 
thouKselves,  tlieir  families,  and  to  the  moral  dignity  of  the  great  Union  of 
which  they  are  .a  portion,  compel  them  to  stand  forth  in  tiie  breach,  and 
declare  in  the  name  of  religion  and  law  that  by  tho  unrelenting  hand  of 
justice  they  will  vindicate  tho  outrages  of  the  outlaw." 


h 


Says  the  Now  York  Eji'2)rcss  of  tlio  lOtli  of  Oc- 
toboi" : 

"The  details  of  the  later  iutclligcnco  we  publitih  this  morning  from  Cali- 
fornia arc  of  a  character  not  very  pleasing,  certainly,  to  contemplate.  The 
Vigilance  Committee  in  San  Francisco  have  again  had  occasion  to  demon- 
strate to  the  woi'ld  tiiat  tiiough  California  lias  on  her  statute-books  laws  as 
salutary  and  stringent  as  the  oldest  and  best  governed  states  in  tliis  Union, 
she  li!w  nobody  with  moral  courage?  or  honesty  enough  to  have  them  executed. 
The  Coniinittee  does  its  M-ork  of  deatli  witli  a  systematic  celerity  which 
shows  how  excellent  an  executioner  it  is  become  fnmi  long  pr;', '  !ce.  We  iiad 
indulged  the  hope  that,  for  the  credit  not  of  California  alone,  but  of  our  com- 
mon country,  those  terrible  scenes  in  S.icraniento  and  San  Francisco  would 
not  be  rei'iiacteil.  1'iie  news  in  our  columns  thi.^  morning  t^hows  how  .sadly 
wc  are  disappointed.  The  victims  appear  from  their  own  statements  tn 
have  been  miscreants  of  the  most  abandoiiccl  ciiaracter.  pardoned  convicts 
from  llotany  ]5ay,  who  had  served  a  long  apprenticeship  to  crime  before 
cuteriug  upon  their  career  in  California. " 

Tho  BuflUlo  £jcp)r^s  oifors  the  following  pertinent 
remarks : 

"Lynch  law  upon  the  s'lorcs  of  the  Pacific  we  take  to  be  nothing  more  or 


BUFFALO  SPEAKS. 


417 


less  than  the  expression  of  an  earnest  demand  for  prompt,  certain,  and  eflfective 
justice  upon  wrong-doers.  It  pierces  tlirough  the  liindrances,  uncertainties, 
and  weaknesses  of  the  British  common  law,  and  comes  rigltt  to  its  point,  in- 
exomhle  as  logic,  and  prompt  to  a  finish.  What  need  of  alarm  at  tlie  sight? 
At  tlie  worst,  an  unconstitutcd  authority  deposes  the  constituted  authorities, 
and  taking  cognizance  of  offences  against  the  laws,  punislics  them  in  a  fashion 
not  provided  for  in  the  criminal  code.  But  when  it  is  Iwrnc  in  mind  that  the 
act  is  done  by  the  represcnfaitives  of  the  entire  society ;  that  this  new  and 
summary  justice  is  executed  by  those  who  make  laws,  and  who  appoint  the 
executors  of  laws ;  tliat  it  emanates  from  a  power  that  is  behind  tlie  law  and 
above  the  law,  as  tlio  creator  is  above  the  creature,  from  a  power  that  is  the 
Hource  of  civil  justice  at  the  same  time  that  it  is  the  life  of  the  state  and  the 
stfite  itself,  we  may  dismiss  all  apprehension  for  the  result.  California  will 
be  purer  and  stronger  for  its  suspension  of  the  constituted  fonns  of  criminal 
justice  by  the  cotle  of  Lynch.  But  we  have  somewhat  to  do  with  the  action 
of  our  goUlen-locked  young  sister  upon  the  Pacific  waters.  From  tiie  vigorous, 
8ensil)le,  active  state  of  California  comes  to  the  older  states  a  hint  and  a.  sug- 
gestion that  they  would  do  well  to  Iioed.  She  demands  a  system  of  summary 
justice  upon  evil-doers.  That  is  the  upsliot  and  final  result  of  her  lynch  law, 
that  is  all  tiierc  is  of  it.  She  proclaims  lierself  tired  to  death  of  the  uncurtain, 
tedious,  and  inefficient  processes  of  British  law  to  punish  and  prevent  crimes 
against  civil  society.  Rising  superior  to  the  whining  nonsense  of  a  philosophy 
that  discovers  only  misfortune  in  crime,  and  finds  in  every  villain  a  brother, 
slie  with  good  sharp  sense  says  that  the  incendiary  and  robber  are  unfit  to 
live,  tluit  they  are  ♦■'le  swoi'n  foes  of  a  good  society,  and  that  she  will  have 
notiiing  whatever  to  do  with  them  except  to  ascertain  their  true  character 
beyond  a  doubt,  and  then  to  string  them  up  to  the  nearest  tree.  The  rca.sons 
which  impel  lier  to  this  determination  are  conclusive.  She  cannot  avoid  them, 
for  arson  and  robbery  defeat  the  whole  object  of  life  in  California.  That  life 
is  transient.  Its  objects  are  as  a  general  thing  temporary.  Tliey  must  be 
speedily  accomplished.  The  citizens  of  tluxt  state  mostly  go  there  to  get  gold, 
designing  not  to  remain  there,  but  to  return  to  their  liomes  in  the  east  as  soon 
as  tliey  shall  have  gotwliat  tliey  want.  Tliisasa  general  thing  is  their  single 
business.  Now  to  a  man  who  has  gone  ten  tiiousand  miles  away  from  his  wife 
and  his  children  on  tliis  eager  and  feverisii  errand,  and  who  lias  submitted  to 
cold,  hunger,  weariness,  and  sickness  to  accomplish  it,  what  is  the  essence  of 
the  ofTence  of  roblx;ry?  What  to  him  is  tiie  l»n>ad-l)acked  lusty  rufiian  from 
l>i)tiiny  liay  who  comes  upon  the  sleeping  miner  in  the  dark  to  snatch  away 
the  fruits  of  his  labor  and  the  reward  of  his  suflPerings?  An  unenilur;il)le 
nuisance,  as  unendurable  as  fatal  poisons,  as  nntiimabU^  beasts,  sometliinu'  to 
lie  gi)t  rid  of  and  alxilislied  iustantly.  The  cmignints  to  California  do  not  go 
tiuTc  to  establish  society,  and  perfect  civil  and  social  cliuracter.  They  go  tiicre 
to  get  gold.  They  have  no  time  to  spend  in  theories  of  punishuieiit,  none  uikhi 
pri.son  discipline:  just  as  little  time  have  they  to  wait  up<m  tlie  crawling  prog- 
ress of  justice  pursuing  the  criminal  through  a  court  of  common  law.  Were 
tlu'  quarter  sessions  of  New  York  established  upon  the  Yuba,  with  its  ailjoum- 
ineiits  on  account  of  the  heat,  adjournments  to  let  a  lawyer  get  over  a  head- 

lu  he,  adjournments  upon  all  sorts  of  lying  allidavits  introduced  to  cheat  justice 
I'oi'.  Tbib.  Vol.  I.    27 


416 


BEFORE  THE  WORI.D. 


anil  to  screen  scoundrels,  we  should  consider  its  judgeship  a  very  unsafe  berth, 
and  should  tremble  for  the  gentlemen  wlio  practised  at  its  bar.  What  a  nuisance 
the  court  would  be,  and  how  near  to  the  truth  would  be  the  public  judgment 
that  the  lawyers  who  conducted  defences  there  upon  the  New  York  city  model 
W'jt'c  the  aiders  and  abettors  uf  rasuils,  hinderers  of  right  aud  aggnivators  of 
evil.  The  people  of  California  are  in  an  intense  hurry;  their  wcjiltli  is  in  the 
most  condensed  and  portable  form.  A  robber  carrying  off  in  his  liand.s  tlie 
spoils  of  five  minutes'  work  iMjars  away  a  fortune  for  most  men,  and  instantly 
l)c;^gar3  his  victim.  The  case  is  extraordinary  all  around ;  it  calls  for  extraoi'- 
dinary  remedies,  and  it  gets  them.  These,  too,  are  efficacious.  A  thousandfoll 
Ijcttur  for  the  best  men  of  the  country  to  band  together  justly  but  inexorably 
for  the  suppression  of  crime,  to  do  it  forthwith,  spontaneously  as  it  were,  thiiu 
to  threaten  a  modification  of  the  laws  at  the  next  session  of  the  legislature  ami 
to  stimulate  a  district  attorney  to  an  uncommon  shedding  of  ink.  The 
felons  from  Sydney  and  the  outlaws  of  the  Mississippi  Valley  would  gorge 
themselves  with  gold  while  dilettanti  and  fonnalists  were  drafting  acts  to 
make  felonies  capital  ofTences,  and  were  checking  off  upon  the  almanac  the 
laggard  days  that  separated  them  from  their  next  legislature.  Our  condition 
at  the  east  is  not  that  of  California.  Our  society  is  measurably  settled ;  we 
are  not  in  a  hurry ;  we  have  time  to  reflect  and  time  to  act.  lint  it  behooves 
us  to  think  if  we  cannot  with  great  profit  infuse  into  our  presejit  criminal 
processes  a  portion  of  California  energy  and  California  certainty ;  to  see  if  we 
cannot  with  very  great  advantage  incorporate  into  our  theory  of  punish- 
ment a  portion  of  the  California  maxim,  that  a  healthy,  well  fed,  vigorous 
criminal  is  without  excuse ;  that  to  let  a  lawyer  shelter  him  under  the  plea  of 
lunacy,  or  on  the  ground  of  an  omission  to  dot  some  legal  i  or  cross  some 
common-law  t,  is  on  the  jmrt  of  the  public  a  very  costly  stupidity,  to  see  if  our 
recent  mawkish  sympathy  with  lusty  wrong-doers  has  not  engendered  crime, 
and  hurt  the  sense  of  right  and  wrong  throughout  our  entire  society." 

The  solid  men  of  Boston,  of  whom  there  wore  many 
in  the  Committee,  found  their  action  in  the  main  fully 
sustained  by  their  home  journals.  For  instance,  the 
Boston  Joii7'nal  remarks: 

"To  us,  residing  in  the  most  perfect  security  under  the  operation  of  goidl 
laws,  faithfully  administered,  such  proceedings  seem  violent  and  perhaps  un- 
justifiable. We  cannot  bring  ourselves  to  believe  that  lynch  law  is  necessary 
under  any  circumst<»nces  in  a  community  where  the  people  live  under  a  code 
of  laws  of  their  own  framing,  administered  by  officers  who  are  responsi))lt'  tu 
public  opinion  for  their  acts.  But  we  are  free  to  say  that  if  ever  the  occasion 
justified  the  application  of  lynch  law,  the  recent  affair  in  Saii  Francisco  is 
justifiable.  Such  is  the  condition  of  society  in  C-alifomia  that  there  is  no 
security  for  life  or  property  in  the  regular  operation  of  the  laws.  Vciinlity 
and  bribery  have  crept  into  the  administration  of  justice  and  shaken  all  con- 
fidence in  the  majesty  of  the  laws.  Under  these  circumstances  who  M-ill  un- 
hesitatingly assert  that  a  scene  so  terrible  as  that  enacted  iu  Portsmouth 
Square  will  not  c.xcrt  a  salutary  inllueuce?" 


DIVERS  OPINIONS. 


410 


And  thus  the  Olive  Branch: 

"Taking  into  consideration  that  forty  or  fifty  persons  were  burned  to 
death,  and  seven  millions  of  dollars'  worth  of  property  was  lost  by  the  late 
incendiary  fire,  that  attompta  have  been  made  a  dozen  times  since  to  fire  the 
city,  that  citizens  are  attacked  with  slung-shots  in  their  very  stores,  in  the 
face  of  day,  it  is  not  surprising  that  respectable  citizens  and  property-holders 
sliould  do  something  to  protect  themselves  from  these  gangs  of  organized  rob- 
bers and  banditti." 

The  Troy  Post  says : 

"The  news  from  CaMlom.\a.\iy  ih&  Brother  Jonathan  presents  a  frightful 
picture  of  the  state  of  society  in  that  golden  state.  Judge  Lynch,  at  the  last 
accounts,  excrcisetl  supreme  sway  in  all  departments  of  the  government ;  and 
wlicn  we  look  at  the  rampant  and  reckless  attitude  of  the  perpetrators  of 
arson,  robbery,  and  other  crimes,  we  are  almost  forced  to  acknowledge  that 
the  sway  of  the  judge  is  needed  to  make  head  against  the  surging  flood  of 
villainy  that  threatens  almost  to  annex  the  new  state  to  the  infernal  regions. " 

The  Xliehmoud  Enquire}'  remarks: 

"The  most  prominent  event  in  the  California  papers  is  the  execution  of  a 
rolibcr  by  a  committee  of  vigilance,  which  has  caused  very  great  excitement, 
as  the  verdict  of  the  coroner's  jury  which  sat  upon  the  body  was  considered 
t<j  reflect  invidiously  upon  the  conduct  of  this  committee." 

Says  the  editor  of  the  New  York  Sun: 

"We  deeply  regret  the  occurrence  of  a  case  of  lynch  law  in  the  city  of 
San  Francisco.  At  this  distance  from  the  scene  wc  can  form  no  proper  idea 
(if  the  feelings  excited  on  the  part  of  the  citizens  of  San  Francisco  by  tlie 
high  liand  with  which  the  depraved  and  dissolute  outraged  life  and  property. 
While  we  cannot  approve  the  fearful  act  we  would  not  say  tliat  it  was  done 
without  strong  provoking  causes.  We  had  thought  that  the  recent  elections 
would  secure  to  San  Francisco  a  more  prompt  and  efficient  administration  of 
tlic  laws,  but  it  would  seem  that  there  has  been  but  sliglit,  if  any,  change  for 
the  better." 

The  Albany  Argus  thinks: 

"There  must  be  extraordinary  laxity  in  the  administration  of  criminal 
justice  in  San  Francisco,  and  a  still  more  extraordinary  degree  of  depravity 
among  its  population,  to  require  the  voluntary  organization  of  sucli  bodies  as 
tlie  vigilance  committee,  with  such  summary  and  terrible  powers  as  were 
exercised  in  the  case  of  Jenkins,  liotii  must  have  existed  in  a  degree  never 
Ijefore  known  in  a  civilized  counuuuity  to  excuse  such  means  to  correct  ainiscs 
or  to  punish  crime. " 

The  Boston  ^[ail  comments  as  follows: 

■'The  terrible  conflagrations  which  have  destroyed  so  much  pro^ierty  and 
sevurul  valuable  lives  are  believed  to  be  the  work  uf  tlieso  during  and  dcs- 


420 


BEFORE  THE  WORLD. 


I     \ 


I 


I 


perate  men;  and  when  it  is  known  that  the  laws  have  proved  totally  in- 
B.iUicient  to  repress  or  check  these  outrages;  that  robbery,  theft,  and  arson 
were  on  the  increase  despite  all  the  efforts  of  the  constabulary  force,  is  it 
strange  that  the  people  of  San  Francisco  should  have  felt  the  desperate 
necessity  of  making  a  demonstration  outside  of  the  courts  of  justice  tliat 
should  carry  dismay  into  the  hearts  of  those  who  were  preying  upon  society 
and  setting  the  statute  laws  at  defiance?  The  people  of  Vicksburgh  several 
yjars  since  thought  they  saw  a  similar  necessity  in  the  violent  extirpation 
of  gamblers ;  and  although  their  action  in  the  matter  brought  down  upon 
them  the  most  violent  denunciations,  it  was  undoubtedly  the  salvation  of  the 
town." 

The  New  York  Sunday  Times  thinks : 

"The  '•xecution  of  Jenkins  was  of  course  a  murder  in  the  eye  of  the 
law,  and  the  punishment  was  moreover  disproportioned  to  the  crime;  and 
yet,  taking  all  the  circumstances  into  consideration,  we  can  scarcely  call  the 
deed  xinjustifiable.  Where  the  law  is  powerless  to  protect  a  community,  it 
must  protect  itself;  but  we  should  be  sorry  to  be  one  of  a  conununity  so  situ- 
ated." 

The  Portland  Transcript  sides  with  the  Committee : 

"  This  is  the  first  execution  which  ever  took  place  in  San  Francisco,  where 
more  crime  has  been  committed  in  the  past  year  than  in  any  other  city  of  the 
same  population  in  the  Union,  without  one  single  instance  of  adequate  pun- 

iahmeut." 

The  remarks  of  the  Albany  Knickerbocker  are  at 
once  sensible  and  true: 

"The  news  from  California,  though  startling,  is  not  unexpected.  The 
laxity  -with  which  justice  is  administered  on  the  Pacific  has  given  vice  almo.st 
a  license  for  its  depredations.  Where  prisons  are  scarce  and  villains  plenty, 
the  law,  to  be  beneficial,  should  be  prompt  and  decisive.  The  slow  fom?  and 
special  pleading  which  may  be  tolerated  in  this  and  other  older  states  are  not 
adapted  to  the  wants  and  safety  of  such  a  people  as  make  up  the  inhabitants 
of  California.  That  rascals  should  be  hanged  by  the  populace  is  to  Imj  re- 
gretted— it  is  still  more  so  to  be  regretted,  however,  that  the  inaction  of  the 
courts  and  police  render  such  hanging  necessary.  Whether  Jenkins  mils 
legally  put  to  deatli  is  not  of  so  much  moment  as  whether  ho  was  justly  put 
to  <lcath.  For  over  a  year  San  Francisco  has  been  ovemm  by  bands  "f 
desperadoes  from  Sydney  and  other  English  penal  colonies,  villains  who  have 
so  reduced  the  price  of  life  and  property  that  hea<ls  and  houses  in  California 
are  of  but  little  more  value  than  pebbles.  Since  1849  San  Francisco  has  bcin 
burnt  over  some  four  or  five  times,  and  each  time  by  incendiaries.  Since  I. Si 9 
over  five  hundred  robberies  and  twenty  murders  have  been  perpetratcil  in 
that  city ;  and  yet,  notwithstanding  this  frc(juency  of  crime  and  outrage,  the 
first  man  ever  brought  to  the  gallows  in  San  Francisco  was  the  outlaw  Jenkins 
who  wa  I  executed  on  the  10th  of  June.     If  tlje  action  of  the  people  is  to  bo 


THE  NEW  YORK  TRIBUNE. 


421 


regretted,  it  is  only  because  they  did  not  move  earlier.  Had  Withers,  Daniels, 
Wiiidred,  and  Wutkina  been  promptly  tried  and  t'xecuted  when  they  perpe- 
trated their  villainies,  the  necessity  for  lynching  Jenkins  would  never  have 
arisen.  To  delay  justice  is  almost  as  bad  aa  to  deny  it.  With  such  a  popu- 
lation as  we  tind  in  8an  Francisco  the  tardy  and  corrupt  movements  connected 
with  the  good  old  way  of  meting  out  punishment  for  crime  is  no  more  calcu- 
lated to  bring  about  a  reformation  than  would  the  reading  of  the  forty-second 
]  salm.  The  action  which  the  people  have  taken  they  were  forced  to  take. 
ISy  no  other  means  could  they  impress  upon  the  rogues  which  surround 
t)H'ni  the  wholesome  knowledge  that  vice  is  a  short-lived  accomplishment, 
and  tliat  the  only  way  to  meet  with  public  toleration  is  to  give  up  i)uliLio 
j)lundcring.  The  position  occupied  by  the  Committee  of  Safety  is  not  only 
a  necessary  but  a  bold  one.  As  they  have  placed  themselves  in  opposition  to 
tlie  courts,  their  action  will  probably  lead  to  a  collision.  We  shall  await  the 
next  arrival  with  some  anxiety. " 


By  fur  the  most  candid  and  correct  view  of  tlio 
matter  is  that  of  the  New  York  Tribune,  which  on  tho 
2Gth  of  July  says: 

"  The  summary  proceedings  of  the  San  Francisco  Conmiittee  of  Vigilance 
in  the  trial,  condemnation,  and  execution  of  the  thief  Jenkins  are  not  to  be  re- 
garded in  the  light  of  an  ordinary  riot,  much  less  aa  an  example  of  hostility 
to  the  established  laws  lieralding  disorganization  and  anarchy.  Seen  from  the 
I)roper  point  of  view  it  is  a  manifestation,  violent,  it  is  true,  of  that  spirit  of 
order  which  created  tiie  state  of  California;  and  wLilu  ^^'c  regret  the  causes 
which  induced  it,  our  faith  in  the  integrity  of  those  who  perpetrated  it  is  no 
wise  weakened.  There  is  no  denying  now  that  the  laws  of  tiie  state  in  their 
present  operation  are  inadequate  to  protect  the  lives  and  property  of  her  citi- 
zens. The  amount  of  crime  has  fearfully  increased  during  the  last  few  months, 
and  the  existence  of  an  organized  band  of  desperadoes,  covering  a  large  portion 
of  the  country,  has  been  ascertained.  After  seeing  the  fairest  part  of  the  city 
laid  in  ashes  by  the  hand  of  an  incendiary,  and  the  escape  througli  some 
(luit)ble  of  the  law  of  the  culprit  who  attempted  to  repeat  that  droadfu'  \i6i- 
tiition,  it  is  not  to  be  wondered  that  the  merchants  of  San  Fra<>ci.ico  sliould 
take  the  administration  of  justice  into  their  own  liands.  The  names  attached 
to  the  declaration  of  the  Committee  of  V^igilance  are  those  of  the  most  orderly 
and  influential  citizens  of  the  place,  men  who  would  not  rashly  venture  on  so 
liazai'dous  a  course  or  lightly  assume  so  awful  a  responsibility.  Sar  Francisco, 
tiierefore,  presents  the  singular  spectacle  of  a  community  governed  by  two 
powers,  each  of  which  is  separate  and  distinct  from  the  other.  'J"ney  cannot 
come  in  conflict,  since  there  is  no  aggressive  movenient  against  the  law  on  the 
part  of  the  Committee  and  no  attempt  on  the  part  of  the  regular  authorities 
to  interfere  with  the  action  of  the  latter.  Public  opinion  universally  upholds 
tlie  course  pursued  by  the  Committee.  This  course,  under  the  circumstances, 
cannot  be  called  mob  hiw  or  lynch  law  in  the  common  acceptation  of  the  tenn. 
It  more  nearly  resembles  the  martial  law  which  prevails  duru.g  a  state  of 
^ii'gc.    It  lias  been  suggested  by  the  presence  of  a  danger  'vhich  the  ordinary 


422 


BEFORE  THE  WORLD. 


course  (if  law  aecnied  inadequate  to  meet.  Life  and  property  must  be  protected 
ut  all  iiiizards ;  the  country  is  at  the  mercy  of  as  vile  a  horde  of  outcasts  as  the 
8un  ever  shone  upon ;  and  nothing  but  the  most  prompt  and  relentless  justice 
will  give  us  security.  These  are  probably  the  sentiments  of  nine  tenths  of  the 
citizens  of  California.  At  this  distance  we  will  not  venture  to  judge  whether 
tile  circumstances  demand  so  merciless  a  code ;  but  we  are  sufficiently  familiar 
with  the  character  of  the  men  comp:)9in<{  the  Committee  of  Vigilance  to  acquit 
tlicm  of  any  other  m  itive  tluiii  tliat  of  maintiining  public  order  and  in- 
dividual security.  We  believe  they  will  exercise  tlie  power  tiiey  have  assumed 
no  longer  than  is  absolutely  necessary  to  subserve  tliose  ends,  and  tliat  their 
willing  submission  to  the  authority  of  tiie  law,  when  the  law  shall  be  competent 
to  protect  them,  will  add  another  chapter  to  the  marvellous  history  of  their 
state.  In  spite  of  these  violent  exhibitions  of  jMipulnr  sentiment,  the  instinct 
of  order,  the  capacity  for  aelf-government  is  manifested  more  strongly  iu 
California  at  this  moment  than  in  any  part  of  the  world." 

And  again : 

"  The  California  news  by  the  Prometheun  has  a  strange  and  solemn  in- 
terest. To  those  who  have  traced  the  history  of  our  first  Pacific  state  througli 
all  the  marvellous  piuises  of  its  short  existence,  the  present  time  assumes  tlie 
nature  of  a  crisis,  in  which  order  and  anarchy,  violence  and  secuiity  aie 
struggling  for  the  masteiy.  On  the  one  i\an<l  wo  have  a  sickening  succession 
of  murders,  robberies,  anil  incendiary  fires ;  on  tlie  other  a  rapidly  increasing 
list  of  trials,  condemnations,  and  executions,  pei-petrated  with  relentliss 
severity  by  the  summary  action  of  the  people.  To  those  who  are  unacquainted 
witli  the  difficulties  under  whicli  California  has  lalwred  ever  since  the  adoption 
of  lier  state  constitution  the  latter  alternative  may  appear  even  more  ten-ible 
than  tlie  former;  and  a  course  dictatcil  in  fact  by  the  most  awful  necessity 
which  can  be  imposed  upon  any  community  may  seem  little  else  than  the 
lawless  outbreak  of  unbridled  popular  passion.  We  have  l>een  8oniewh:it 
sliarply  taken  to  task  by  some  of  our  contemporaries  for  justifying  the  motives 
of  the  San  Francisco  Committee  of  Vigilance,  and  the  members  of  the  Com- 
mittee themselves  have  l>een  mnde  the  subject  of  violent  denunciation;  yet 
every  successive  arrival  from  California  proves  more  clearly  the  justice  of 
■w  hat  we  first  asserted,  that  the  lynch  law  now  in  operation  is  not  mob  law, 
but  the  result  of  a  universal  sentiment  of  order,  a  conscientious  belief  that  it 
cannot  be  obtainnd  by  trusting  to  the  regular  authorities,  «nd  a  sense  of 
<langer  which  impelled  tiiem  to  immediate  action.  Wo  have  professed  our 
inability  to  judge  at  tliis  distance  whellier  otlier  means  miglit  not  hav',  been 
employed  to  enforce  tlie  laws,  avoiding  a  course  which  must  be  ahvays 
hazardous  to  the  future  peace  of  society,  even  when  the  sternest  exigency 
compels  it.  The  disclosures  which  we  pul)lish  to-day  show  clearly  the  reality 
of  the  dangers  to  wliicli  tlie  Californians  were  exposed ;  they  show  how  nearly 
hopeless  was  the  reliance  to  be  filaccd  on  the  ordinary  operation  of  law.  So 
far  as  the  evidence  goes  they  prove  at  least  that  there  have  been  sufficient 
reasons  for  the  action  of  the  Committee  of  Vigilance  to  exonerate  them  from 
the  violent  charges  which  have  been  made  against  them  on  this  side  of  the 
continent."  , 


MANY  TEACHERS. 


423 


Thus  speaks  the  Boston  Traveller: 

"The  fact  that  San  Francisco  ia  so  overrun  with  lawless  and  dcsporato 
villains  is  snlHciuntly  painful  and  alarming ;  but  it  ia  by  no  means  the  most 
tilarniing  and  ])ainful  fact  connnuuicatcd  in  the  letter.  We  confess  that  we 
view  with  the  utmost  alarm  a  state  of  general  morals  which  will  allow,  much 
k'HS  sanction,  such  an  organization  as  that  alluded  to.  It  indicates  an  utter 
vitiation  ami  corruption  of  the  public  functionaries  of  the  city,  and  a  general 
contempt  for  the  administrators  of  the  law,  which  is  totally  inconsistent  with 
the  ideji  tiiat  anything  like  u  well  ordered  government  exists  in  the  country. 
8ure  we  are  that  if  there  is  any  such  thing  as  law  in  San  Francisco,  and  if 
tliere  are  men  whoHc  business  it  i.s  to  administer  this  law,  the  course  adopted 
by  this  'organization  of  citizens'  must  tend  most  directly  to  break  down  this 
law  and  to  render  powerless  these  olitcers  of  justice.  If  this  organization  can 
be  sustained  there  is  in  fact  an  end  to  civil  government. " 


And  tlius  the   Now 
conchides 
niovcnient 


a   long   article 


Yorlv  Commercial  Advertiser 
adverse   to 


the 


vigilance 


"  Had  the  Committee  coufinod  themselves  to  operating  upon  the  niiniatcra 
of  the  law,  either  by  aiding  and  supporting  them  if  they  were  willing  to  en- 
force the  law,  or  by  bringing  such  a  combined  public  opinion  to  l>ear  upon 
tlioni  that  they  would  l>e  comixjUed  to  act  promptly  and  impartially,  they 
would  have  done  wisely  and  well ;  the  cirect  would  have  Iwcn  innncdiatc  and 
purjietual,  and  the  triumph  of  the  great  principle  of  self-government  under 
the  restraints  of  law  would  liave  been  complete.  Very  ditl'crcnt  ia  the  case 
now.  However  much  the  Committee  may  hereafter  desire  it,  tliey  cannot  heal 
the  womided  honor  of  the  defied  law.  They  cannot  at  will  riiiae  its  jirostrate 
form,  and  reanimate  it  with  authority  and  power.  Tlie  Vigilance  Committt'c 
may  make  itself  feared,  but  it  will  be  at  an  expense  of  popular  respect  an<l 
homage  to  the  law.  Moreover,  a  counter-vigilance  eomniittce  Avould  be 
(jnite  as  legal  as  that  now  existing,  and  might  make  itself  as  terrible.  Nor  is 
it  improbable  that  such  an  organization  will  spring  up,  if  every  man  who 
stuals  a  Iwg  of  money,  in  the  prenent  case  recovered  by  his  pursuers,  or  com- 
mits any  felony  is  to  be  secretly  comlennicd  to  deatli.  A  vigilance  committee 
acting  with  such  glaring  illegality,  and  openly  avowing  it  without  shame, 
limy  go  to  greater  lengths  of  tyranny,  thus  provoking  countcr-organiziitions ; 
and  where  will  the  cud  be?  If  thiTC  is,  as  cannot  bo  doubted,  necessity  in 
San  Francisco  for  organization  for  self-jirotection  on  the  part  of  the  citizens, 
let  it  be  done,  not  in  defiance  of  established  law,  but  under  its  sanction.  Let 
respectjible  citizens  j)rotect  themselves  and  their  property  by  existing  law,  or 
by  amending  the  laws  if  they  need  amendment.  Any  other  mode  of  protec- 
tion must  result  in  anarchy  and  ruin." 


In  reply  to  the  Advertiser,  the  San  Francisco  Herald 


424 


BEFORE  THE  WORLD. 


comes  out  in  ono  of  the  most  able  editorials  found  in 
any  journal  ui)on  this  question : 


\i : 


"Among  tlu'  newspaper  of  New  York  sonip  nre  constantly  progressive, 
Bonic  moderately  conaerviitive,  and  others  po8sess«!d  with  a  morbid  conviction 
that  unless  t'lry  act  .ij  tlrags  upon  the  onward  movement  of  reform  the 
wheels  of  society  will  go  oft"  tho  trjick  and  general  desolation  ho  tho  melan- 
choly consecpience.  The  hiiidmoHt  of  these  is  fliu  Coinmeiriul  Aihriiixer,  u, 
very  respcctahlc  paper  in  its  way,  but  never  holding  an  opinion  that  anyl>ody 
else  holds,  and  fifty  years  behind  the  age,  at  least.  If  it  can  be  regardcu  as 
the  represcntiitive  of  any  class,  it  is  of  those  who  hoM  virtue  to  consist  in 
not  picking  iiookets  or  otiierwiso  rendering  tiiemselves  amenable  to  the  hiw, 
who  regaril  nioney-lwgs  as  a  divinity  to  bo  worshipped  with  their  whole  souls, 
and  who  worship  them  accordingly,  with  sanctimonious  and  gmvc  propriety, 
at  eleven  o'clock  every  Sunday  in  the  gilded  and  cushioned  pews  of  Trinity 
or  Ciracc.  That  sucli  «i  i.;per  should  comprehend  the  dilliculties,  theniccs- 
sitics,  the  bitter  experiences,  of  San  Francisco  is  not  of  courec  to  be  expected; 
but  tho  jieople  of  this  city  had  a  right  to  anticipate  that  it  would  content 
itself  with  expressing  that  opinion  whicli  was  consonant  with  its  anti(juated, 
dull,  and  soujewhat  perverted  instincts,  without  descending  to  absolute  mis- 
representation in  regard  to  the  scenes  which  took  place  in  this  city  after  tlio 
execution  of  tho  man  Jenkins.  Touching  tho  acts  of  tho  Vigilance  Commit- 
tee, the  object  of  their  organization,  the  extinordinary  system  of  police 
which  under  their  auspices  sprung  into  existence  with  most  magical  celerity 
all  over  the  land,  the  wonderful  completeness  with  which  they  have  carried 
into  execution  evei-ything  they  attempted  from  the  Iteginning,  the  inierring 
certainty  with  which  they  jjounced  ujx)n  the  worst  characters  in  tho  comuni- 
nity,  without  over  making  a  single  mistake  in  regard  to  those  whom  tlu  y 
arrested  and  punished,  their  pnidenco  and  moderation  in  avoiding  all  flithculty 
or  conflict  with  tho  oflTicers  of  the  law,  and  the  triumphant  success  of  their 
eflbrts  to  suppress  crime  in  this  city,  we  have  already  spoken  many  times. 
Their  whole  acts  may  l)e  summed  up  in  this,  that  c.fter  a  fair  trial,  and  on  fidl 
evidence  of  guilt,  they  exterminated  four  men  whose  hands  were  stained 
with  many  and  tenible  crimes,  and  who  had  maintained  an  incessant  war 
upon  society  in  California ;  and  further,  that  they  have  driven  back  whence 
they  came  several  others,  convicts  from  the  liritish  colonics,  who  also  warred 
upon  the  community,  but  whose  criminality  was  not  so  grave  or  so  apparent 
as  to  deserve  death.  No  iimocent  man  has  sullercd  death  or  exile  at  their 
hands,  and  the  persons  whom  they  have  punished  would  have  sulFcred  ecpially 
had  not  the  cotirts  been  inetiicient  or  the  laws  powerless.  So  much,  briefly, 
for  tho  result  of  the  Committee's  labors.  Tho  Commercial,  after  stigmatizing 
as  demoralizing,  dohunianiziug,  and  otherwise  objectionable,  the  execution  of 
Jenkins,  traces  to  the  agency  of  the  Vigilance  Committee  the  rush  of  the 
crowd  at  the  city  hall  to  lynch  Lewis  for  arson,  and  the  scenes  enacted  in  tho 
tumultuary  assemblages  on  thi;  plaza  on  the  two  days  subseijuent  to  the  first 
execution.  In  neither  of  these  proceedings  did  the  Committee  interfere  in 
any  manner.    Several  of  the  mcnibers  were  present  at  the  city  hall  duiiug 


ANOTHER  ANSWTIR. 


438 


tlir  fxcitomcnt  about  Lewis,  but  quite  as  many  were  opposed  to  the  «i>int  of 
violence  nianifc-sted  on  that  oeuaHion  as  in  its  favctr.  Tiio  Coniniittee  diil  not 
jiarticipate  in  tlio  attempt,  nor  ditl  they  eontributo  to  the  excitement.  A;,'ain, 
in  the  meetings  hehl  on  tii'j  ))lu2it  tJio  Conmiitteo  took  no  part.  Tlioso  a.sseni- 
blages  were  witiiout  aim  ui  object,  and  anything  that  tiMjk  place  miglit  witli 
aa  much  propriety  be  attributed  to  the  ('o;M/«frfia^  itself  as  to  tlio  Vigilanco 
('(iininittcc.  Nor  can  we,  and  we  regret  tf)  say  it,  refrain  I'rom  believing  that 
till'  charge  of  instrumentality  on  the  part  of  the  Connnittee  in  these  rows,  if 
we  may  so  cull  them,  has  been  nuidu  by  that  journal  with  malice ;  fur  in  nu 
California  paper  can  wo  find  aught  tending  to  identify  the  Committee  witii 
tlicsc  acts.  The  simple  circumstjinue  that  Mr  Uranuan,  a  mcnd>ei'  of  tho 
body,  was  called  upon  to  address  the  crowd  is  too  frivolous  as  testimony  ou 
wliicii  to  ground  such  a  charge  for  a  journal  so  serious  in  its  character  as  the 
(.'ommcrckd.  ]Jut  is  not  this  holy  horror  at  a  crowd  assembled  in  .San  l'"ran- 
ci.sco  through  a  wish  to  see  justice  dealt  to  a  i)ei'son  deemed  guilty  of  an  ut- 
ti'nii)t  to  fire  the  city,  after  two  tliirds  of  it  had  been  ulreiwly  consumed, 
tigcthcr  with  twenty  or  more  valuable  live.-t,  is  not  this  holy  horror  f<in»'v'iat 
plmri^jaical? 

•'  'Tho  flesh  will  qulvrr  when  iXio  pincf  rii  tp»r— 
The  blood  will  follow  where  tho  Iiutre  li  drivi'D.' 


"And  will  not  people  complain  and  act  when  driven  to  tho  verge  of  despair, 
anil  heart-sick  from  the  loss  of  property,  and  home,  and  fi-iends,  and  oven  of 
all  prospect  of  recuperation?  We  recollect  being  in  New  "i'ork  some  years 
av;u,  when  on  a  certain  Saturday  night  a  young  man  named  John  C.  Colt  sat 
in  the  dock  of  the  criminal  coui-t  awaiting  the  decision  of  the  jury,  who  had 
retired  to  an  adjoining  room  to  consult  whetler  he  should  live  or  die. 
'i'lirouj.'h  the  open  windows  came  the  roar  of  an  excited  multitude,  whoao 
luud  and  menacing  voices  penetrated  even  the  jury-room,  demiinding  tho 
blood  of  ..ho  accused.  That  crowd  was  composed  of  men  and  women,  and 
till  four  o'clock  on  Sunday  morning  that  hoarse  cry  still  went  u])  demanding 
blood.  This  happened  in  New  York,  where  the  Commercial  has  been  estab- 
lished wc  know  !iot  how  many  years,  and  where  tiiey  have  their  tJrace 
Church  and  Trinity  Church,  their  pews,  preachers,  and  polict^  their  courts, 
ofTiccrs,  and  laws,  on  the  most  approved  system  a  lengthened  experience  has 
been  able  to  shape.  We  do  not  remember  that  the  circumstance  called  forth 
from  that  journal  any  unusual  expression  of  displea.sure ;  but  there  is  no 
measure  to  its  indignation  when  a  crowd  of  some  few  hun<lred  persons  in 
San  Francisco  make  a  hanuless.demonstration  of  anger  and  exoitcnient  against 
a  man  who,  if  guilty,  was  tenfold  moi-e  criminal  than  Colt.  We  rejoice  that 
s  )  few  of  the  Atlantic  papers  have  followed  the  example  of  the  ('oiHiiicrciaL 
Some  three  or  four  indeed,  through  spleen  or  stupidity,  seize  the  occasion  to 
read  us  a  lecture  on  our  lawlessness,  forgetting  or  ignoring  the  fact  that  wo 
have  been  lawless,  that  is  without  the  benefit  of  law,  since  we  lirst  arrived. 
It  is  most  gratifying  to  perceive,  however,  that  a  largo  majority  of  tho 
j'uirnals  in  tho  states  take  a  liberal  and  enlightened  view  of  our  ditiiculties, 
and  exhibit  a  candid  appreciation  of  the  stem  necessity  that  impelled  our 
citizens  to  uphold  the  laws  by  enforcing  their  execution. " 


II 


42G 


BEFORE  THE  WORLD. 


ii' 


While  certain  journals  were  thus  raising  a  great 
outcry  against  the  conduct  of  the  people  of  California 
in  carrying  into  execution  measures  for  the  protection 
of  life  and  property,  within  fifty  miles  of  New  York's 
capital  were  acted  scenes  dastardly  beside  the  wildest 
lawlessness  in  California.     Says  one: 

"The  anti-rcnter8  in  this  state  are  getting  troublesome  again.  A  few 
night*  since  a  number  of  them,  disguised  as  Indians,  surrounded  the  house  of 
a  man  named  Shaw,  who  had  scn-ed  process  on  one  of  them  under  direction 
of  the  sheriff  of  Rensselaer  county.  They  took  him  out  of  bed,  carried  him 
a  distance  of  a  mile,  and  then  tuiTed  and  feathered  him.  One  would  ha^■e  sup- 
posed that  his  age,  seventy  years,  would  liave  saved  him  from  such  indignity, 
but  it  did  not.  Governor  Hunt  offers  a  reward  of  $500  to  any  of  the  partici- 
pants in  the  outrage,  to  the  nmnber  of  five,  who  will  inform  on  the  others. " 

Commenting  on  the  above,  the  New  York  Mirror 
remarks: 

"  The  Aha  California,  which  has  been  compelled  to  follow  the  example  of 
the  Mirror  and  come  out  double  occasionally,  contains  full  particulars  of  the 
lawless  state  of  society  in  San  Francisco,  and,  we  regret  to  sec,  vindicates  the 
resort  to  mob  law.  We  took  up  our  pen  to  combat  the  fallacies  of  the  editoi' ; 
but  then  wc  tliought  of  the  anti-rent  outrages  in  our  own  state,  and  concluded 
to  drop  the  subject.  It  is  not  two  weeks  since  an  old  man  of  seventy  was 
mobbed  in  attempting  to  serve  a  process  in  the  state  of  New  York,  and  Gov- 
ernor Hunt  has  not  called  out  the  police  or  the  military  to  arrest  the  rebels !" 

Even  in  staid  communities  it  is  impossible  always 
to  crush  immutable  truth  and  justice  beneath  dead 
forms  of  law, — instance  a  case  tried  about  this  tiino 
which  occurred  at  the  Old  Bailey  in  London,  Lord 
Chief  Justice  Tindal  presiding: 

George  Hammond,  a  j)ortrait  painter,  was  placed 
at  the  bar,  to  be  tried  on  an  indictment  found  against 
him  by  the  grand  jury  for  the  wilful  murder,  with 
malice  aforethought,  of  George  BaUlwin,a  rope-dancir 
and  mountebank.  The  prisoner  was  a  man  of  middlo 
height  but  slender  form;  his  eyes  were  blue  and  mild. 
His  whole  being  gave  evidence  of  subdued  sadness 
and  melancholy  resignation.  He  was  forty-one  yeaiN 
of  age;  he  had  a  soft  voice,  and  liis  manner  and 
ai^pearanco  bore  testimony  of  his  being  a  man  of 


A  FATHER'S  STORY. 


427 


feeling  and  refinement  in  spite  of  the  poverty  of  his 
dress.  On  being  called  on  to  plead,  the  prisoner 
n(hnitted  that  he  did  kill  Baldwin,  and  he  dej)lored 
tlie  act,  adding,  however,  on  his  soul  and  conscience 
he  did  not  believe  himself  to  be  guilty.  Thereupon  a 
jury  was  impanelled  to  try  the  prisoner.  The  indict- 
ment was  then  read  to  the  jury,  and,  the  act  of  killin'j^ 
being  admitted,  the  government  rested  their  case  aiul 
the  prisoner  was  called  upon  for  his  defence.  The 
])risoner  then  addressed  himself  to  the  court  and  jury: 
"My  lord,"  said  he,  "my  justitication  is  to  be  found 
in  a  recital  of  the  facts.  Three  years  ago  I  lost  a 
daughter,  then  four  years  of  ago,  the  sole  memorial  of 
a  l)eloved  wife,  whom  it  pleased  God  to  recall  to  him- 
self. I  lost  my  child;  but  I  did  not  sec  her  die.  She 
was  an  angel,  and  beside  her  I  had  nobody  in  the 
world  to  love.  Gentlemen,  what  I  have  suffered 
cannot  be  described;  you  cannot  comprehend  it.  I 
expended  in  advertising  and  fruitless  search  every- 
thing I  possessed,  furniture,  pictures,  and  even  my 
clothes.  All  have  been  sold.  For  three  years,  on 
i'oot,  I  have  souglit  my  child  in  all  the  cities  ami 
all  the  villages  of  the  three  kingdoms.  As  soon 
as  by  painting  portraits  I  had  succeeded  in  gain- 
ing a  little  money,  I  returned  to  recommence  my 
advertisements  in  the  newspapers.  At  length  on 
Friday,  the  14th  of  Aj)ril  last,  I  crossed  the  Sniith- 
iield  cattle  market.  In  tlie  centre  of  the  market  a 
troupe  of  mountel)aid<s  were  performing  their  feats. 
Amou'jf  them  a  child  was  turnin<jf  on  its  head,  its 
logs  in  the  air,  and  its  head  su])p()rted  by  a  halbert. 
A  ray  from  the  soul  of  its  mother  must  have  pen- 
etrated my  own  for  me  to  have  recognized  my  child 
in  that  condition.  It  was,  indexed,  my  [)oor  chill. 
Her  mother  would  have  clasped  Iier  to  her  heart  had 
she  IxHMi  there.  As  for  me,  a  veil  passeil  over  my  eyes. 
I  threw  myself  upon  the  chief  of  the  rope-dancers.  I 
knew  not  how  it  was;  I,  habitually  gentle,  even  to 
v/eakncss,  seized  him  by  the  clothes;  I  raised  hiiu  in 


423 


BEFORE  THE  WORLD. 


I  y 


'/■ 


the  air  and  dashed  him  to  the  ground.  Then  again. 
He  was  dead.  Afterward  I  repeated  what  I  had 
done.  At  that  moment  I  regretted  that  I  was  only 
aWe  to  kill  but  one." 

"  These  are  not  Christian  sentiments,"  replied  the 
chief  justice;  "how  can  you  expect  the  court  and 
jury  to  look  with  favor  on  your  defence,  or  God  to 
pardon  you,  if  you  cannot  forgive  ?" 

"I  know,  my  lord,"  continued  the  prisoner,  "what 
will  be  your  judgment  and  that  of  the  jury;  but  God 
has  already  jiardonod  me;  I  foul  it  in  my  heart.  You 
know  not,  I  knew  not  then,  the  full  extent  of  the  evil 
that  man  had  done.  When  some  compassionate  people 
brought  me  my  daughter  in  )ny  prison  she  was  no 
longer  my  child;  she  was  no  longer  pure  and  angelic 
as  formerly;  she  was  corrupted,  body  and  soul;  her 
maimer,  her  language,  infamous  like  those  of  the 
jicople  with  whom  she  had  been  living.  She  did  not 
recognize  me,  and  I  no  longer  recognized  her  myself 
Do  you  comprehend  me  now?  That  man  had  robbed 
me  of  tlie  love  and  soul  of  my  child;  and  I  have 
killed  him  but  once." 

The  foreman  now  spoke:  "My  lord,  we  have  agreed 
on  our  verdict." 

"  I  understand  you,  gentlemen,"  answered  the  chief 
justice,  "but  the  law  nmst  take  its  course;  I  must 
sum  uj)  the  case,  and  tlien  you  will  retire  to  deliber- 
ate." The  chief  justice  having  summed  up  the  case, 
the  jury  retired,  and  in  an  instant  after  returned  into 
the  (X)urt  with  a  verdict  of  "  Not  guilty." 

On  the  discharge  of  Hanunond  the  sheriff  was 
obliged  to  surroun«l  him  with  an  escort.  The  crowd 
of  women  and  men  was  inunensc;.  The  women  were 
determined  to  carry  him  off  in  triumph.  The  crowd 
followed  him  all  the  way  to  his  lodgings,  with  deafen- 
ing shouts  and  huzzas. 


I 


CHAPTER  XXVIII. 


EXTENSION  OF  THE  VIGILANCE  PRINCIPLE. 


In  my  mind,  he  was  guilty  of  no  error,  lie  was  chargeable  with  no  ex- 
aggei'ation,  ho  was  Ixitraycil  by  his  fancy  into  no  nictuphur,  who  once  said, 
that  all  we  see  alwut  us,  kings,  lords,  and  commons,  the  whole  machinery  of 
the  state,  all  the  apparatus  of  the  system  and  its  varied  woikiugs,  end  in 
simply  bringing  twelve  good  men  into  a  box. 

Lord  Browjham. 

Plato,  in  his  Republic,  defines  justice  as  "the  inter- 
est of  the  stronger;"  .and  however  much  of  sophistry 
hes  hidden  in  the  sentiment,  we  find  practically  that 
it  is  very  near  the  truth.  Tlie  stroni^er  will  have 
their  way,  and  if  their  way  be  not  right  or  just,  they 
will  not  long  be  the  stronger.  As  a  matter  of  course, 
by  the  stronger  is  meant  not  that  element  of  the 
nation  which  may  be  momentarily  uf>}>erniost,  or 
which  may  happen  to  have  another  element  at  a  dis- 
advantage,but  the  iidierent  and  permanent  dominating 
strength  that  underlies  all  the  vital  activities  of  a 
people. 

In  American  politics  we  see  strikingly  illustrated 
this  self-regulating  principh;.  Corruption  is  insepa- 
rable from  our  form  of  ijfovernnjent.  The  svstem  of 
short  terms  and  rotation  in  office  offers  a  standing 
iH'ward  for  neglect  and  peculation.  Political  parties 
arc  essential  to  this  system,  not  from  the  principles 
jKlvocated,  for  the  principles  of  either  are  good  enough 
if  well  carried  out,  and  there  is  little  to  choose  betweiii 
them,  but  from  the  necessity  of  keeping  tlie  pool 
stilled  in  order  to  ]>revent  stagna^itMi.  The  |)artv  in 
power  nuist  be  driven  out,  or  the  certain  corruption 
soon  becomes  unendurable;  and  so  in  this  tread-mill, 

1*^1 


4S0 


EXTENSION  OF  THE  VIGILANCE  PRINCirLE. 


fafihion,  wu  must  go  on  irom  one  election  to  another, 
with  a  reform  party  ever  at  the  heels  of  the  party  in 
office,  the  paramount  object  of  the  one  to  come  within 
ivaeli  of  power,  and  of  tlie  other  to  make  the  most  of 
oi)p()rtunity.  But  neither  in  parties  nor  pohtics  hes 
the  strength  of  the  commonwealth.  If  it  were  so, 
(iod  pity  us!  There  the  interest  of  the  stronger  has 
nothing  to  do  with  justice.  It  is  the  people,  not  the 
politicians,  in  whose  interests  lies  justice;  it  is  the 
people,  not  the  politicians,  in  whom  lies  the  nations 
strength. 

Our  government  is  weak  because  the  people  are 
strong.  But  because  a  weak  government  is  the  kind 
that  suits  us  best  does  not  necessarily  imply  that  we 
are  best  ruled  Ijy  weak  men,  even  though  we  seldom 
choose  others.  Because  a  monarchy  is  the  strongest 
of  governments,  and  an  aristocracy  the  wisest,  does 
not  imply  that  we  should  change  our  republican  form 
for  another.  To  do  so  would  be  retrograde;  yet  we 
might  safely  enough  give  up  part  of  our  ignorance 
antl  weakness.  The  maxim  that  the  king  can  do  no 
^vrong  has  in  our  day  become  literally  true,  for  now 
the  sovereign  can  do  nothing  except  that  which  his 
ministers  and  parliament  permit  him  to  do.  Inherent 
in  pow(!r  is  decay.  And  unless  the  government  is 
constantly  refreshed  by  a  cleansing  stream  flowing  in 
from  the  people,  it  soon  becomes  rotten.  Therefore 
reform  the  units  of  society  if  you  would  reform  society. 
Wickedness  in  rulers  is  the  correlative  of  wickedness 
in  the  people. 

Couipare  the  laws  of  evolution  as  applied  to  gov- 
ernment with  the  behavior  of  the  mixed  popu- 
lation of  California  when  left  without  government, 
and  we  find  the  two  in  perfect  accord.  Society  as  a 
whole  cannot  act  or  even  exist  except  through  the 
agency  of  some  sort  of  iniluence  enforcing  obedience. 
There  are  two  kinds  of  laws  which  underlie  society, 
natural  law  and  artificial  law ;  one  arises  from  neces- 
sities common  to  all  mankind,  and  the  other  waits  on 


SOCIETY  AND  LAW. 


431 


011 


fashion.  The  social  state  evolved  from  the  domestic 
state  implies  property,  marital  relations,  laws,  and 
general  government. 

As  among  ]>rimitive  peoples,  so  among  the  California 
miners,  we  see  a  state  without  laws,  aggregations  of 
men  without  government,  each  absolutely  free,  free  in 
thought  and  action,  so  far  as  he  himself  is  concerned ; 
but  let  him  beware  how  he  touches  another.  Never 
did  danger  so  attend  wrong-doing:  "I  caught  this 
fellow  stealing  my  nmles,  antl  I  shot  him,"  was  found 
written  on  paper  pinned  to  the  breast  of  a  dead  body 
lying  by  the  roadside  in  1853. 

In  the  absence  of  written  law  speechless  sentiment 
becomes  a  power  keener,  stronger,  and  more  merciless 
than  any  of  which  man  stands  in  awe.  The  laws  of 
God  and  the  laws  of  man  combined  are  puny  in  their 
efforts  at  curbing  the  passions  of  wilful  man  as  com- 
pared with  the  opinion  of  his  neighbor.  Give  a  man 
the  sympathy  of  the  community  in  which  he  lives, 
and  the  law  cannot  hurt  him;  and,  on  the  other  hand, 
let  him  be  anathema  of  his  fellows,  and  no  law  can 
save  him  from  their  ven<j:eance. 

Keenly  alive  and  jealously  sensitive  are  the  rights 
of  individuals  and  of  aijjjreijations  of  individuals  when 
intrusted  to  their  own  keeping.  Every  man  has  a 
watch  on  every  other  man.  In  the  absence  of  legal 
and  judicial  professionals,  or  later,  in  tliei!-  inanity, 
every  member  of  the  community  was  sheriiF,  judgv, 
and  executioner. 

Hence  it  was  these  miners  walked  eircunispectly 
among  themselves,  each  coveting  the  good  o[)iui()n  of 
his  neiglibor,  each  at  once  servajit  and  master  of  all. 
To  this  end  they  purifie;!  their  own  motives  while 
purging  their  camp  of  crime.  And  to  do  right,  one 
must  feel  riixht.  Ivicjht  feeling  bejjfets  rI<T:ht  action. 
1  he  man  is  surely  an  adept  who  can  be  one  thnig  and 
throughout  his  life  act  another,  who  can  wholly  sub- 
s(!rve  emotion  to  cognition,  and  cognition  to  reason. 
Laws  will  not  frighten  men  into  right  doing;  rewards 


432 


EXTENSION  OF  THE  VIGILANCE  PRINCIPLE. 


will  not  entice  them.    A  society  perfect  in  thought 
and  feeling  needs  no  laws  for  its  regulation. 

Furthermore, as  in  primitive  communities  despotism, 
feudal,  oligarchical,  or  monarchical,  for  a  time  holds 
rule,  showing  the  necessity  of  placing  under  restraint 
progressive  man,  so  here  we  find  a  despotism  of  de- 
mocracy. In  the  absence  of  visible  forms  of  law  there 
was  the  essence  of  law  everywhere;  just  as  in  the 
progress  of  civilization  wlien  men  arise  and  throw  off 
superstition  and  despotism  they  only  rivet  the  chains 
of  social  tyranny  the  tighter. 

Therefore  we  may  conclude  that,  properly  regarded, 
all  the  mad  pranks  of  these  miners,  all  the  social  ab- 
normities that  obtained  along  the  Sierra  Foothills 
<luring  the  gold-gathering  epoch,  may  be  safely  re- 
ferred to  sociological  principles;  just  as  all  natural 
plienomena  as  soon  as  understood  are  found  to  be 
governed  by  fixed  laws,  when  if  not  understood  they 
are  regarded  as  the  results  of  supernatural  causes. 
Men  pray  for  rain  because  the  laws  of  storms  are  ill 
defineil ;  they  will  not  pray  that  a  stone  may  be  turned 
into  bread,  because  they  know  that  bread  is  not  a 
geological  formation.  So  the  laws  which  govern 
social  development,  when  understood,  will  be  found 
in  no  wise  to  run  counter  to  the  free-will  of  man,  if 
man  has  free-will. 

Durinir  the  (lush  times  of  California  there  were 
several  j)hases  of  crime  in  the  several  parts  of  the 
country.  In  the  cities  were  slung-shot  strikers,  house- 
breakers, wharf-rats  who  preyed  U|)on  sailors  and 
shipping,  j)ick-pockets,  sneak-thieves,  safe-robbers, 
gentlemen  forgers,  and  first-class  burglars.  In  the 
country  there  was  more  killing,  that  being  the  more 
eftectuul  way  of  arresting  pursuit;  and  as  the  penalty 
for  stealing  was  the  gibbet,  no  severer  punishment 
could  befall  the  nuirderer.  Highwaymen  at  intervals 
infested  tlie  interior,  and  their  organizations  at  times 
assumed  magnificent  proportions.  Horse-thieves  were 
thick  in  stocli  localities.     Miners  were  murdered  for 


SEABOARD  AND  INTERIOR. 


483 


their  money;  a  dead  body  beside  a  solitary  claim  was 
not  an  unusual  sight ;  and  often  the  thief  was  hanj^ed 
while  the  murderer  escaped.  Then  there  was  a  large 
migratory  class,  who  when  one  place  became  too  hot 
went  to  another. 


^als 

\erc 
for 


Following  the  example  of  San  Francisco,  popular 
tribunals  were  organized  in  every  town  of  any  impor- 
tance throughout  the  state,  and,  as  they  became 
inhabited,  in  ncijjhborinjj  states.  These  were  of  everv 
grade,  and  of  every  degree  of  efficiency.  In  the  larger 
cities,  such  as  Sacramento,  Stockton,  Marysville, 
Sonora,  San  Josd,  and  Los  Angeles,  were  standing 
associations  of  the  best  citizens,  which,  though  neces- 
sarily less  in  numbers,  were  wellnigh  as  complex  in 
thoir  organization,  and  fully  as  effective  in  their  action, 
as  the  great  committee  of  the  commercial  metropolis. 

Indeed,  these  country  committees,  as  a  rule,  had 
work  enough  to  do.  Though  they  were  spared  much 
of  that  kind  of  work  incident  to  a  seaport  town,  and 
to  the  prominence  of  the  first  and  largest  organization, 
yet  in  certain  directions  the  labors  of  some  of  them 
exceeded  those  of  the  San  Francisco  Committee. 
There  were  fewer  cases  of  exile  in  the  country,  but 
more  executions.  For  every  criminal  execution  by 
the  Vigilance  Committee  of  San  Francisco  there  were 
at  least  twenty  executions  by  the  country  commit- 
tees— that  is,  including  all  of  them  in  operation 
throughout  the  state.  In  one  year,  that  of  1 855,  there 
were  no  less  than  forty-seven  arl)itrary  executions  in 
California;  and  of  these,  twenty- four  were  for  theft, 
and  nineteen  for  murder;  the  other  four  being  for 
minor  offences. 

Thus  in  the  larger  interior  cities  the  committees  of 
vigilance  ranked  but  little  lower  than  the  connnittee 
of  San  Francisco.  Descending  the  scale,  we  have 
next  those  beloni^intx  to  towns  next  in  size  antl  noces- 
sitv,  which  did  not  keep  up  permanent  organization, 
regular  meetings,  and  active  work,  but  which  would 

Por.  Tkid.,  Vol..  I. 


28 


I,: 


484 


EXTENSION  OF  THE  VIGILANCE  PRINCIPLE. 


as  occasion  required  come  together,  organize  or  reor- 
ganize, and,  after  performing  the  business  which  called 
them  together,  disband.  These  impromptu  organiza- 
tions were  usually  for  the  purpose  of  trying  some  crim- 
inal caught  before  the  organization  was  effected.  Then 
there  were  many  still  less  formal,  until  mobocracy  in 
its  simplest  and  most  repugnant  form  was  reached. 

In  the  organization  of  these  various  country  com- 
mittees there  was  no  concerted  action,  no  general 
appeal  other  than  the  publication  of  the  following 
notice  in  the  journals  of  the  10th  to  the  15th  of 
June,  at  the  time  of  the  first  organization  of  the 
Committee  of  1851: 


I. 


I 


"To  THE  Citizens  of  California: 

"Should  the  order-loving  portion  of  the  citizens  of  Sacramento  City, 
Stockton,  the  Pueblo  de  San  Josi5,  Monterey,  Marysville,  and  all  other  towns 
and  cities  of  the  state,  find  it  necessary,  they  are  invited  to  form  themselves 
into  committees  of  vigilance,  for  the  pui-poses  set  forth  in  the  constitution  of 
the  Committee  of  V'.,i!anco  of  San  Francisco.  The  object  of  these  conmiittecs 
is,  moreover,  for  the  purpose  of  corresponding  with  each  other,  so  as  to  be  able 
to  mark  and  notice  the  n  )vements  of  all  disorderly  or  suspicious  characters. 
By  vigilance  we  may  succeed  in  driving  from  our  midst  those  who  have  be- 
come so  baneful  and  obnoxious  to  our  communities." 

Thereupon  the  course  of  the  citizens  of  San  Fran- 
cisco was  endorsed  by  mass  meetings  held  in  Sacra- 
mento, Stockton,  and  elsewhere. 

In  view  of  these  facts;  in  view  of  their  existence, 
their  universality,  and  their  spontaneity,  it  seems 
almost  an  insult  to  reason  to  argue  their  necessity  or 
their  righteousness.  And  yet  there  are  those  learned 
in  the  law  who  will  tell  you  to-day  that  the  thing 
was  unnecessary,  the  principle  wrong,  and  the  mem- 
bers of  these  associations  murderers.  Stranoe  that 
men  fresh  from  the  firesides  of  their  boyhood,  fresh 
from  the  hallowed  influences  of  home  and  the  re- 
straints of  sober  society,  should  so  invariably  and 
unnecessarily  demean  themselves  as  to  band  as  la^^  - 
breakers  and  murderers  the  moment  they  arrived  at 
any  point  on  the  western  slope  of  the  continent! 


GOVERNMENT  IN  EARLY  TIMES. 


485 


As  at  San  Francisco,  so  it  was  with  these  country 
committees  of  vigilance.  Swift  and  merciless  was 
their  action ;  the  most  notorious  villains  were  quickly 
judged  and  hanged,  the  lesser  ones  frightened  away; 
and  then,  after  having  used  with  skill  and  modera- 
tion, and  for  the  public  good,  the  moral  power  which 
they  had  seized,  they  as  promptly  laid  it  down,  gave 
California  to  the  appointed  authorities,  and  became  at 
once  and  forever  themselves  the  strictest  observers  of 
the  law. 

At  various  times  during  the  epoch  of  1851  and 
that  of  1856  the  question  arose  whether  it  was  ex- 
jicdicnt  to  form  of  all  the  committees  of  the  state 
Olio  grand  organization,  with  the  San  Francisco  Coni- 
uiittee  as  the  trunk  and  the  interior  committee.;  as 
the  branches.  Applications  were  frequently  made  by 
country  committees  to  become  a  part  of  the  Sau 
Francisco  organization;  meetings  were  held,  and  the 
subject  at  various  times  discussed. 

But  with  their  usual  wisdom  and  discretion  tlio 
San  Francisco  Committee  declined  all  such  combina- 
tions. While  willing  to  act  in  perfect  accord  with 
all  associations  for  the  punishment  and  prevention  of 
crime  throughout  the  state,  while  earnestly  desirous 
of  giving  and  receiving  every  facility  for  the  accom- 
|)lisiiment  of  the  purpose  which  called  them  into  ex- 
istence, the  San  Francisco  Committee  were  unwilling 
to  assume  any  responsibility  wlii-ch  could  not  at  any 
time  be  controlled  within  the  walls  of  their  own 
council-chamber.  A  general  organization  might  have 
led  to  the  wildest  excesses  In  the  more  remote  quarters 
and  have  made  the  central  or  parent  committee  re- 
sponsible for  deeds  from  the  commission  of  which  they 
would  have  shrunk  with  horror. 

At  an  early  day,  long  before  the  general  uprising  of 
1851,  in  certain  sections  of  the  gold-fields  the  miners, 
more  particularly  the  English-speaking  class,  and 
sometimes  only  citizens  of  the  United  States,  met  and 
adopted  rules  by  which  to  be  governed.     These  rules 


436 


EXTENSION  OF  TIIK  VIGILANCE  PRINCIPLE. 


r 


{Tfovtirnod  thu  title  to  mining  elaim.s,  and  protection  to 
life  and  i)io[)erty. 

At  the  miners'  meeting  called  for  the  purpose,  an 
alcalde,  or  justice  of  the  peace,  and  a  constable  were 
chosen,  and  an  official  oath  administered  by  the  chair- 
man of  the  meeting.  In  civil  actions  before  these 
courts  the  ijlaintiff  or  defendant  could,  either  of  them, 
call  for  six  jurors  to  assist  the  juilge,  and  in  criminal 
cases  the  accused  was  entitled  to  a  jury  of  twelve 
men.  Process  was  issued  l)y  the  alcalde  aiul  executed 
by  the  constable,  or,  as  he  was  as  frequently  called,  the 
sheriff.  All  proceedings  conformed  as  nearly  as  miglit 
be  to  those  of  an  ordinary  court.  Appeals  could  be 
made  from  this  court  in  criminal  cases  only  to  the 
s[)ectators  at  the  time  of  execution,  who  were  su[)- 
posed  to  represent  the  people  who  gave  the  court  its 
authority.  It  was  simple,  but  extremely  significant, 
this  ultimate  appeal  of  the  condemrod,  the  moment 
before  his  execution,  to  the  highest  earthly  authority — 
a  most  solemn  appeal,  but  too  often  lightly  regarded 
by  those  to  whom  it  was  made. 

Upon  conviction  in  criminal  cases  tried  Ixifore  a 
jury  the  degree  of  punishment  was  fixed  by  the 
alcalde,  and  it  might  be  death,  for  any  offerxce.  The 
juror's  fee  was  six  dollars  for  the  case,  and  the  alcalde's 
sixteen  dollars.  The  witnesses  and  constable  were 
also  duly  recompensed. 

The  miners'  court  had  its  origin  prior  to  the  ad- 
vent of  law.  Upon  the  legislative  establishment  of 
courts,  in  most  localities  the  minors'  courts  gave  place 
to  tliem,  but  not  always.  If  the  leading  spirits  of  u 
mining-camp  were  satisfied  witli  their  own  julicial 
machinery  they  would  neither  elect  under  the  statutes 
noi'  |)ermit  others  to  do  so.  ^liners'  courts  were  not 
wholly  abrogated  till  after  18.04.  More  particulaily 
was  this  the  case  in  criminal  trials,  wherein  the  peoj)lc' 
were  provoked  by  the  tardiness  of  constitutional  courts. 

It  was  sugijested  by  one  that  loLml  tribunals  should 
be  establisheil  in  the  cities  and  throughout  the  country 


1^ 


) 


LEGISLATION  AND  LAW  COURTS. 


437 


whore  justice  could  be  instantly  dotennincd  and  exe- 
cuted; or  extraordinary  power  uiiglit  by  special  legis- 
lation be  delegated  the  courts  to  act  without  the  usual 
law's  delay.  Thus  the  chances  of  escape  would  bo 
lessened  ;ind  the  cost  diminished. 

About  midsummer,  1851,  there  was  considerable 
discussion,  principally  among  the  law  and  order 
party,  concerning  the  propriety  of  calling  an  extra 
session  of  the  legislature  for  the  puruoso  of  so  modi- 
fying the  criminal  code  as  to  meet  the  requirements 
of  the  present  social  crisis.  Such  a  movement  on 
the  part  of  the  governor  would  have  rendered  him 
yet  more  unpopular.  Aside  from  the  expense,  which 
for  a  ten  days'  session  would  have  been  about  sixty 
thousand  dollars,  the  result  would  have  been  produc- 
tive of  evil  rather  than  of  good.  The  disease  was 
altogether  beyond  the  reach  of  the  physician,  juid 
further  legislation  would  only  have  intensified  the. 
trouble.  The  law  was  well  enough  as  it  was;  and 
further  to  complicate  affairs  by  the  j)ropagation  of 
yet  more  inefficient  and  corrupt  officia  s  was  no  way 
to  cure  crime.  The  people  were  taking  care  of  them- 
selves, and  that  in  the  simplest,  most  direct  ind 
lionest  method  in  the  world — by  making  punislimciit 
to  follow  closely  the  heels  of  crime. 

In  1850  statutes  were  enacted,  and  the  pc(>[)lo 
meanwhile  administered  justice  by  popular  tribunals, 
or  surrendered  their  claim  to  the  execution  of  justice 
into  the  hands  of  the  legally  constituted  tribunals. 
Now,  thought  they,  we  shall  liave  quiet  living;  we 
may  now  pursue  our  several  vocations  in  safety  with- 
out the  harassment  of  hunting  and  hanging  criminals. 
Hut  the  people  in  their  brighter  prospect  were  not 
alone  made  happy.  Tiie  thief,  the  election  trickster, 
tlic  murderer,  these  too  rejoiced  over  a  pros})eetive 
reign  of  law,  over  an  administration  of  pretended 
justice  which  should  shield  them  from  their  mortal 
enemies,  the  people. 

Following  the  great  uprisings  in  San  Francisco, 


438 


EXTENSION  OF  THE  VIGILANCE  PBINCIPLE. 


li 


there  was  a  general  exodus  of  criminals  to  the  in- 
terior. A  San  Francisco  paper  thus  sounds  the  note 
of  warning: 

' '  Tho  recent  hanging  and  banishing  of  the  friends  and  companions  of  these 
villains  in  Sati  Francisco  caused  a  stampede  for  the  interior  and  southern 
portion  of  the  state,  where  they  formed  themselves  into  organized  banditti, 
robbing  and  murdering  indiscriminately.  Neither  sex  nor  age  wore  regarded 
by  tlaso  desperate  gangs  of  maniuders.  Patience  at  last  ceased  to  bo  a  virtue ; 
the  l;i\v  was  found  to  bo  inefficient  to  punisli  tho  bloody  outrages  which  were 
«lnily  being  committed ;  tho  people  in  the  lower  counties,  in  Los  .tVngeles, 
!Montoioy,  San  Luis  Obispo,  nnd  later  still  in  Carson  Valley,  have  liceu  oblige<l 
in  Bplf-dcfence  to  follow  the  example  of  San  Francisco  and  mete  out  a  sum- 
mary hut  just  punishment  to  all  that  fell  into  their  liands. 

' '  The  result  of  such  summary  execution  is  that  the  desperadoes  have 
concluded  that  California  has  l)ccomo  too  warm  for  them,  and  they  have  de- 
tennincd  to  shift  their  quarters  to  the  new  gold  regions  north,  where  the 
people  arc  not  so  united.  In  that  comparatively  unkuowji  country  tiiey  ex- 
pect to  have  more  facilities  for  carrying  on  their  unlioly  business,  and  where 
theru  will  be  less  chance  of  detection.  -Vs  there  will  bo  no  chance  of  these  men 
bciuy  8upiH)rted  by  political  plunder  iu  the  country  to  which  they  have  now 
gone,  the  more  deaperato  anil  dangerous  will  they  bcicomc.  Their  organiza- 
tion, it  is  now  proved  without  a  iloubt,  is  complete  throughout  tho  coast; 
they  have  theii-  secret  signs,  passwords,  and  grips,  by  which  they  are  recou- 
iiizcd.  Their  threats  against  the  members  of  and  sympathizers  witii  the 
Vigiliince  Coiiuuittee  is  no  idle  Ijoast.  That  they  will  attempt  outrages  is 
bcyoiul  .1  doubt.  Their  fricnils  and  al)ettors  in  this  city  will  keep  them  fully 
posted  with  the  names  and  business  views  of  all  whom  they  consider  will 
aO'ord  a  good  show  of  plunder,  and  murder  will  prove  their  safety  against 
further  recognition  or  detection;  for,  like  Jack  Powers  and  Pio  Linares,  their 
motto  is,  '  Dead  men  tell  no  tales. ' 

■'Under  these  circumstances  what  is  the  duty  of  the  good,  law-abiding 
citizens  who  have  settled  or  may  settle  in  the  new  mines?  As  to  law,  there 
is  none  to  l)c  had  there.  If  it  were  extended  over  them,  none  of  that  class 
of  SI) -called  politicians  who  readily  become  the  friends  and  tools  of  the 
banditti  would  give  up  their  prospect  of  making  a  'pile'  to  till  offices  of 
respon.sibility.  Our  advice  is  for  the  miners  to  organize  themselves  into 
Sinned  companies,  keep  up  a  strict  volunteer  police,  and  administer  justice 
\vhenever  rciiuired,  in  a  manner  that  will  deter  these  villains  from  commit- 
ting crime.  To  be  forewarned  is  to  bo  foreanned.  Danger  to  life  and  prop- 
erty stares  them  in  the  face.  Then  let  them  be  prepared  to  prevent  it  at  tlic 
outset.  The  gamblers  should  be  shunned  and  scouted  by  all  honest  men ; 
the  bully  and  the  shoulder-striker  should  be  admonished  to  keep  ijuict 
and  eain  an  honest  living,  or  prepare  to  take  up  his  traps  aiul  march.  The 
nmrderer  and  robber  should  be  shown  no  mercy.  At  the  first  unmistakable 
conviction  of  such  an  oflfence  the  murderer  should  be  hanged  as  high  as 
Hamaii,  ami  his  body  left  to  dangle  as  a  warning  to  his  companions  in  guilt. 

"  This  summary  proceeding  may  sound  hai-sh  to  the  ears  of  such  persoua 


MIGRATIONS  OF  CRIMINALS. 


430 


as  have  not  witncsaed  the  troubles  in  this  state.  We  expect  it  will  call  forth 
a  liowl  of  indignation  from  the  venal  press  in  the  iutorcMt  of  gunihltra  and 
thieves;  but  it  will  be  ilisre^'arded  as  the  wluMtling  of  the  wind.  Those  who 
know  the  desperate  character  of  these  men,  and  are  uciiiiuinted  witli  tlieir 
I'ornicr  vile  deed.s  in  this  state,  know  full  well  that  we  reconnnt'nd  tlu'  nidy 
means  whicli  will  aflbrd  safety  to  property  and  life  intho  unprotected  country 
to  which  immigration  is  now  pouring.  Such  organization  of  miners  will  also 
iifTord  protection  against  the  bold  savages  who  inhabit  the  north,  and  wlioare 
iiostilc  to  the  whites.  To  these  savages  will  the  desperadoes  resort  for  i)ro- 
ti'ction  and  aid.  It  is  the  duty,  therefore,  of  the  miners  to  prepare  for 
trouble.  Punish  the  offendei-s  promptly,  and  the  lives  of  many  honest  ana 
innocent  men  will  Ikj  spared.  Let  them  but  get  the  start  in  crime,  and  many 
a  happy  homo  will  be  made  desolate.  The  safety  of  all  consists  in  prompt  and 
tlccidcd  action." 

Tliroughout  the  interior,  more  than  in  tho  city, 
uil)itrary  administration  of  justice  was  regarded  hy 
the  people  with  greater  favor  tlian  the  regular  pro- 
ceediniifs  of  courts.  The  institution  of  vigilance  ac- 
corded  with  the  spirit  of  the  times.  Its  inaeliinery 
was  unimpeded  by  the  friction  of  forms;  its  sentences 
were  final  and  speedily  executed.  Then,  too,  it  was 
more  needed,  if  possible,  in  the  country  than  in  the 
cities.  The  people  were  more  scattered,  conmiunities 
Diorc  isolated  and  self-dependent;  they  were  more 
exposed,  less  capable  of  continuous  and  concerted 
action. 

They  had  few  jails,  and  thought  that  to  stand  guard 
over  criminals  captured  by  their  own  exertions  and  at 
their  own  expense  was  paying  too  much  deference  to 
crime;  such  i)rocedure  ill-accorded  with  their  temper 
or  means.  Quick  let  the  bad  cease  to  be,  and  then 
each  to  his  affairs. 

So  effectual  were  the  workings  of  these  organiza- 
tions that,  like  all  the  institutions  originating  from  the 
necessities  of  the  times,  the  frontiersman  began  to  like 
it,  and  to  look  upon  it  as  a  part  of  himself,  his  cate- 
chism, his  country.  After  civilization  had  set  its  seal 
ui)on  the  town  of  Yankee  Jim,  a  miner  summoned 
as  a  juror  in  a  murder  case  was  asked  by  the  judge  if 
he  had  any  conscientious  scruples  against  capital 
punishment. 


440 


EXTENSION  OF  THE  \  IGILANCE  PKIXCU'LE. 


"Yes,  your  honor,  I  have,"  ho  replied;  "that  is, 
unless  administered  by  a  vigilance  committee." 

The  modes  of  punishment  were  many  and  varied, 
being  always  such  as  should  bring  disgrace,  and 
usually  such  as  should  attach  humiliation  and  pain. 
Shooting  was  sometimes  employed,  but  not  often. 
Whipping  and  driving  from  camp  were  frequent;  but 
the  most  common  punishment  was  hanging.  For 
what  better  purpose  did  the  solitary  oaks  send  out 
their  long,  ungainly  branches  ?  It  was  a  simple 
process,  throwing  a  rope  over  the  limb  of  a  tree  and 
tying  one  end  of  it  round  the  neck  of  the  offender. 
The  rabble  would  then  seize  the  other  end  of  the 
rope  and  run  with  it  as  far  as  the  ascending  body 
would  permit.  Mexicans  were  sometimes  hanged 
from  mules,  standing  on  the  back  of  the  animal  until 
the  rope  was  adjusted,  when  the  mule,  frightened  by 
blows  and  yells,  jumped  from  under  the  victim,  leav- 
ing him  suspended.  At  the  outset  punishment  was 
not  so  severe  as  later,  when  the  executioners  had 
become  more  accustomed  to  the  workings  of  the 
system,  and  to  scenes  of  blood. 


CHAPTER   XXIX. 


COUNTRY  COMMITTEES  OF  VIGILANCE. 


Here  is  a  mine  of  truth,  which,  however 
is  likely  to  outlaat  our  coal. 


'ijorously  it  may  be  worked, 
Oeorge  Eliot. 


Let  us  now  examine  some  of  the  more  dignified 
popular  tribunals  outside  of  San  Francisco.  It  was 
almost  simultaneously,  as  soon  as  people  began  to 
understand  something  of  the  nature  of  the  organiza- 
tion of  June  9,  1851,  that  similar  associations  were 
formed  throughout  the  length  and  breadth  of  the  land. 

The  Vigilance  Committee  of  Sacramento  vao  lir.'t 
foimally  created  the  25th  of  June,  about  a  fortni:^lit 
al'tcr  the  organization  of  the  first  Vigilance  Coninnt- 
tec  in  San  Francisco.  Two  hundred  and  thirteoii 
inoinbers  were  enrolled  at  the  first  meeting,  which 
was  held  ftc  the  Orleans  Hotel,  and  thereafter  the 
muiiber  rapidly  increased.  P.  B.  Cornwall  was  cliosen 
invsidcnt,  and  the  executive  committee  consisted  of 
Messrs  ^lilno,  C'lryec,  Rightmire,  Watson,  Latson, 
Cheslcy,  Barkci",  Meeks,  Leake,  and  Gciger. 

Prior  1 1  this  time,  as  we  have  seen,  there  had  been 
several  summary  arrests  and  pvmisliments  of  greater 
or  less  degree.  But  this  was  hardly  sullicient,  in  view 
of  the  rapid  development  of  events.  When  tin;  best 
men  of  Sacramento  saw  what  San  Francisco  was 
t-loing,  saw  the  immediate  good  cftects  of  their  uiii(|ue 
association,  they  obtained  a  copy  of  the  constitution 
and  by-laws  of  the  San  Francisco  Committee  and 
organized  on  the  same  plan. 

In  common  with  the  entire  country,  the  City  of 

[441] 


^i: 


442 


COUNTRY  COMMITTEES  OF  VIGILANCE. 


the  Plains  was  infected  with  the  leprosy  of  crime ;  and 
as  this  landing  was  then  the  rendezvous  for  adven- 
turers from  San  Francisco  and  elsewhere  to  the 
northern  mines,  rascality  here  partook  at  once  of 
the  character  of  that  of  the  city  and  of  the  country. 
Thither  resorted  commercial,  agricultural,  and  mining 
desperadoes ;  sailors  and  professionals  from  San  Fran- 
cisco, cattle-stealers  and  highway  robbers  from  the 
valleys,  and  gamblers  and  murderers  from  the  mines. 

We  will  glance  briefly  at  Sacramento's  infelicities 
about  this  time.  In  April,  1851,  Mr  Lawrence, 
editor  of  the  Times  and  IVanscrijJt,  was  attacked  b}- 
certain  political  desperadoes  then  infesting  the  city. 
A  manifesto  was  issued,  and  within  an  hour  five  hun- 
dred citizens  pledged  themselves,  in  writing,  to  pro- 
tect Mr  Lawrence,  and  any  other  members  of  the 
press,  against  which  class  villainy  for  the  moment 
seemed  directed. 

On  the  17th  of  July  following,  as  Mr  Lawrence 
was  passing  the  court-house,  J.  Neely  Johnson  stepped 
up  and  demanded  whether  he  was  the  author  of  a  cer- 
tain paragraph  published  in  the  Times  and  Tvanscript 
that  morning,  at  which  Johnson  had  taken  ofFenc(\ 
Not  receiving  a  satisfactory  reply,  Johnson  seized  the 
journalist's  nose  and  wrung  it  magisterially.  Law- 
rence drew  a  pistol  and  would  have  fired  had  he  not 
been  disarmed  by  the  by-standers.  The  reader  must 
know  that  this  was  the  same  Johnson  who  afterward, 
as  governor  of  California,  was  so  horrified  at  tlie  doings 
of  the  San  Francisco  Conimittee  of  185G  that  he  was 
ready,  had  he  been  strong  enough,  to  deluge  the  strL'et> 
of  the  city  in  the  blood  of  its  best  citizens.  T(» 
avenge  a  personal  injury  he  did  not  hesitate  to  defy 
the  law;  but  when  the  people  themselves,  for  tlu; 
preservation  of  society,  laid  their  hand  on  law  it  was 
sacrilege. 

Four  men  were  caught  robbing  a  citizen  of  Sacra- 
mento on  the  Dth  of  July.    The  crime  was  perpetrated 


AFFAIRS  AT  SACRAMENTO. 


443 


ill  open  day,  in  the  suburbs  of  the  city,  and  was  wit- 
nessed by  several  persons.  While  the  thieves  were 
Iteing  taken  before  the  court  of  sessions  the  Commit- 
tee of  Vigilance  convened  for  deliberation,  and  a 
crowd  of  about  one  thousand  persons  collected  before 
the  station-house  and  attempted  by  force  to  obtain 
] possession  of  the  prisoners.  A  committee  of  throe 
was  then  chosen  to  wait  on  the  officers  and  request 
posbcssion  of  the  prisoners  for  hanging  purposes. 
This  request  the  limbs  of  the  law  very  properly  de- 
nied. Brought  into  court,  the  prisoners,  by  their 
counsel,  insisted  on  the  time  allowed  by  law  for  the 
])roparation  of  their  defence,  and  the  trial  was  conse- 
(juently  postponed.  This  delay  caused  great  commo- 
tion among  the  crowd,  and  on  putting  the  question  to 
vote  it  was  almost  unanimon  sly  decided  to  hang  the 
thieves  that  day.  Seeing  the  ominous  aspect  of  affairs, 
the  prisoners'  counsel  consented  to  proceed  to  trial  at 
once.  All  were  convicted ;  one  was  ordered  away  to 
the  state  prison,  and  the  others  were  sentenced  to  be 
hanged.  This  was  the  first  attempt  at  inter  i'or(.>nce 
u  ith  the  regular  process  of  law  by  the  Sacramento 
Vigilance  Committee,  and  the  result  speaks  loudly 
ihoir  moderation. 

iVbout  a  week  before  this  a  man  named  Franklin 
Sant'ord,  who  had  been  arrested  at  Daylor's  rancho, 
charged  with  shooting  cattle  and  selling  the  meat,  was 
with  difficulty  saved  from  the  vengeance  of  the  peoj)le. 
ilc  was  finally  taken  to  Sacramento  and  bound  over 
by  Judge  Sackett  in  three  thousand  dollars  bonds. 

It  seemed  impossible  for  the  men  of  Sydney  to 
keep  their  fingers  from  their  neighbors'  property. 
About  this  time,  on  the  8th  of  July,  one  of  the  fra- 
ternity who  took  passage  on  board  the  Senator  for 
Sacramento  was  twice  within  an  hour  caught  steal- 
ing. The  first  time  it  was  a  pair  of  shoes  from  a 
Ciiinaman — O  base-born  son  of  Albion!  to  steal  the 
worthless  wooden  shoes  of  a  greasy  Asiatic  I  Next  it 
was  five  dollars  in  gold  which  a  passenger  laid  on  the 


444 


COUNTRY  COMMITTEES  OP  VIGILANCE. 


F? 


count(>r  at  the  bar,  and  which  the  thief  took  up.  The 
captain  beini^  inforniod  of  the  traffic,  took  the  offender 
forward  to  the  windlass,  and  after  giving  him  three 
dozen  lasbos  put  him  ashore.  The  same  day  a  thief 
named  Hodge  was  arrested,  who  regarded  iiis  execu- 
tion a  foregone  conclusion,  and  manifested  profound 
indifference  as  to  preliminaries. 

The  22d  of  August,  two  days  before  the  execution 
of  Whittaker  and    ^IcKenzie,  there  was  great  ex 
citemeiit  in  Sacramento.     Two  liighwaymen,  James 
Gibson  and  John  Thompson,  convicted  some  time  be- 
fon^  were  executed  by  the  sheriff;  a  third,  Robinson, 
received  a  respite  of  liis  sentence  from  the  governor. 
This  did  not  suit  the  Vigilance  Committei^,     They 
<lemanded  that  Robinson  likewise   should  be  hanged, 
and  as  the  slioriff  had  no  authority  to  do  it  they  did 
it  themselves.      When    the   hour  for   the   execution 
arrived  the  shei'ifT  brought  the  three  men  from  tin 
station-house,  and  after  reading  the  reprieve  of  Rob 
inson  ordered  the  two  who  were  condemned  to  tin 
place  of  execution  and  the  third  to  the   prison  brii;, 
Ijut  on   their  wav  the  guard  of  tlie  latter  was  over 
])owered   and  the  prisoner  taken  to  the  grove  wheir 
tlu'  exe(Mition  of  the   others  wa-'  in  pnigress.     Aft(  i 
tile  ,sh(<riff  liad  discharged  Jiis  duty  in  respect  to  tin 
two  condennied,  an<l  had  washed  his  hands  of  wliiU 
was  to  follow,  I*obi)ison  was   /iiounted   on   tlie  sann 
nuK-hine  bv  the  Vigilance  ( 'onunittee  and  sent  speed 
il\'  thence  to  t'ollow  his  conn'ades.    That  niijht  a  mass 
meeting  was   hold  at    lli<>  Orleans   Hotel;  on  motion 
the  governor  was  ?'equested  to  resign,  after  which   \\r 
was  hanged  and  bm'UiMl  in  ctligy, 

Ri)l)inson's  life  lV»m  eaily  boyhood  was  a  succes 
sion  of  ci-imc;  he  hesitated  at  notliing,  however  dia- 
bolii-al.  He  was  a  native  of  New  York  city,  and  v.a 
thirty-two  years  of  age.  Wliile  at  school,  and  bui 
tliirteen  years  old,  he  iiad  foi-ged  the  name  of  ;> 
easliier  of  a  bank  at  the  suj^uestion  of  one  (Jranstii* , 
who  was  but  a  i'ew  years  older,  and  who  forged  tii. 


THE  CAREER  OF  ROBINSON. 


445 


jircsidont's  name.  They  were  successful  in  this  eiiter- 
])iise,  drawin*^  $4500  on  the  check.  Granstine,  Rob- 
inson, and  another  accomplice,  attempted  a  robbery 
soon  after  of  $7000,  which  Granstine  acconi) Wished 
by  the  murder  of  a  young  woman,  for  which  crime  he 
\v;is  lianged. 

Airived  at  the  acfc  of  sixteen,  Rol)inson  with  the 
aid  of  an  accomplice  robbed  his  own  fiitlicr  of  $*2r)()0. 
Then  going  to  Pittsburg  he  obtained  a  ])]acc  as  cabin- 
boy  on  board  a  steamboat.  At  the  instigation  of  tlie 
steward  lie  stole  from  a  passenger,  while  asli^ep,  $;]{)00 
in  gold.  Robinson  met  the  steward  again  in  Cincin- 
nati; they  ti'avellcd  together  to  New  Orleans,  when^ 
lliey  engaged  in  new  crimes.  Robinson  obtain* ;d  a, 
ft  s])onsible  position  in  a  hotel,  where  he  rcmaintxl 
several  months.  Tlien  with  accomplices  he  rol)bed 
the  safe  of  $5000,  for  which  crime  he  was  arrested  on 
si!si)icion,  but  was  able  to  make  apparent  his  iiuio- 
ri'uce.  Meeting  on  one  occasion  in  Albany  two  nun, 
Hunt  and  E(hvards,  by  whom  he  was  known  as  a  skil- 
ful penman  and  a  sliarp  rascal,  thoy  made  him  th<.ur 
])artner,  and  oxpended  $300  on  him  for  dress  and 
ji'wolry.  that  lie  miglit  pass  as  a  gentlenKin.  ACttir 
due  j)r<.'paration  lie  presented  at  a  bank  a  forged 
<li«x'k  for  $2500,  and  obtained  the  money  without 
dilHcidty.  In  Philadelphia,  where  they  went  innne- 
(liardy,  ho  practised  on  one  name  for  several  days, 
milil  he  was  able  to  counterfeit  it  so  well  that  on 
a  check  $20,000  was  drawn  from  the  bank.  Rob- 
inson's share  was  $(»000.  He  sent  to  his  mother  the 
larger  ])art  of  it,  telling  her  he  had  drawn  it  at  a  lot- 
'ei'v.  In  Baltimore  the  associattxl  scoundrels  obtained 
•"^l.sOOO  in  the  same  way.  In  (^incinnaii  another 
ehfck  for  $20,000  was  successfully  forged  and  jia  .sed. 
llduards  boasted  his  contempt  for  small  things.  At 
Louisville  the  same  amount  waso])tained  in  the  same 
\vay.  Here  Robinson,  dissatislitid  with  the  division, 
(H;arrelled  with  and  separated  from  his  comjtanions. 

Prom  Louisville  RubiuK^on  went  tu  New  Orleans. 


I 

i 


!G 


446 


COUNTRY  COMMITTEES  OF  VIGILANCE. 


There  he  robbc.l  tiie  custom-houee  safe;  a  negro  who 
was  his  accomplice  was  arrested  or:  suspicion  and 
whipped,  but  divulged  nothing.  On  a  plantation 
where  he  was  afterward  employed  ho  opened  a  safe 
and  abstracted  $4000.  Thence  Ilobinson  went  to  St 
Louis.  A  United  States  oflicer  was  his  next  victim, 
whose  robbery  yielded  him  i?7000  which  belonged  to 
the  government.  He  coolly  stood  by  and  saw  anotlici- 
uxec.'uted  for  this  deed.  Ilobinson  was  engafjed  in 
thefts  of  greater  or  less  magnitude  constantly.  In 
travelling  from  one  point  to  another  liis  fellow- 
pa.ssengers  were  his  victims.  For  knocking  a  man 
down  with  a  slung-shot  and  taking  81300  from  his 
belt,  Itobinson  was  arrested,  but  esca[>ed  by  paying  his 
lawyers  libornlly.  In  Cincinnati  he  an<l  an  accomjilic*- 
broke  open  a  jewlery  establishment,  and  his  partnei" 
in  the  crime  was  imprisoned  for  seven  years.  Mem- 
phis, Vic-ksburg,  and  Natchez  in  turn  were  success- 
I  ally  visited  by  this  prince  of  villains.  He  sent  his 
mother  money  again,  $2000,  leaving  in  his  possession 
^-j^SOO  in  altered  bills.  Hogan,  an  accomplice  in  many 
of  his  crimes,  was  hanged  for  murder  in  Cincinnati. 
In  St  Louis  Robinson  obtained  money  by  forgery, 
and  as  a  pickpocket  achieved  great  success.  In  New 
()rleans  he  was  six  months  in  the  county  jail  for  theft. 
At  various  times  he  was  arrested,  when  false  swearing, 
1/iibery.  and  the  skill  of  lawyers  cleared  liim. 

After  becoming  notorious  tlirougli  the  soutli  and 
east,  with  detectives  on  liis  track,  he  came  to  1h(! 
Pacific  coast.  At  Marysville  lie  attemjited  to  kill  his 
wife,  on  account  of  her  unfaithliilness;  esca|)ing  from 
his  pursuers  he  went  to  Nevada.  Hi'  followed  his 
]>rofession  successfully  w]ier<!V(T  he  went;  some  of  his 
stolen  goods  he  disposed  of  to  I^'lehcr  Kay.  In 
Sacranuinto  he  perpetrated  many  successful  lelonies. 
But  his  rare  luck  at  length  deserted  him.  With  two 
or  three  companions,  who  had  been  driidving  and  gam- 
bling at  a  certain  place,  Robinson  started  lor  a  saloon. 
One  of  the  men,  Wilson,  was  an  acquaintance  of  but  a 


ATTACK  ON  JUDGE  ^VILSON. 


m 


fow  hours ;  ho  was  thought  to  have  some  money  upon 
him,  and  as  they  reached  some  bushes  in  the  road  Rob- 
inson and  an  accompUcc  threw  Wilson  on  the  ground., 
and  robbed  him.  Robinson  was  soon  arrested.  All 
tliis  on  the  authority  of  the  miscreant  himself,  which 
the  reader  may  take  with  whatever  allowance  his 
jiKlgment  dictates.  Strange  that  in  the  heroics  of 
(■rime  the  tendency  should  be  so  marked  for  the  vil- 
lain to  magnify  his  own  villainies.  And  this  was  the 
man  the  governor  would  pardon. 

Henry  Caulfickl,  who  had  been  prominent  in  the 
Sacramento  squatter  riots,  and  Jolm  McKune,  a 
Sa<Tament(>  lawyer,  were  the  personal  enemies  of 
.liidge  Wilson  of  the  court  of  sessions.  Foi-  some 
i'aiicied  wrong  they  determined  to  obtain  satisfaction, 
and  for  that  [)ur[)os(;  l(jitered  about  th<.'  court-room 
on  the  morning  of  the  IGth  of  June,  lHr)2,  until 
adjournment.  JNIcKune  then  accost(;d  Wilson  and 
(Icniandcd  his  retraction  of  abusive  language.  Wilson 
r('|)lied  tliat  he  never  retracted  anything  tliat  lie  said. 
McKune  then  raised  a  bhulgeon  that  he  held  in  his 
hand  and  strucl;  Wilson,  wIk,  rc;taliate«l  by  thrusting 
his  sword-cane  into  liis  adversary's  side.  l)(;puty- 
shcriif  ^^cDonald  then  disarmed  Wilson,  wheieiipon 
(Jaullield,  who  had  l)een  watching  his  opportunity, 
sj)rang  forward  and  fired  at  the  judge.  At  that  in- 
stant McDonald  rushed  betweciu  Caullield  and  ^\'iIson, 
and  the  ball  which  proi>ably  would  have  kille(l  the 
jndgt!  passed  through  ^[clJonald's  body.  With  blood 
gushing  from  the  wound,  he  fell  u[)on  Caulfield  and 
wrested  the  weai)on  from  him.  The  by-standers  now 
(Altered  the  arena,  and  shooting,  stabbing,  and  striking 
t)c(ame  general.  AIcKune  was  carried  away  exclaim- 
ing. "  I'm  a  dead  man!"  and  Caullield  was  arrested  and 
['laced  on  board  the  [)rison  l)rig,  there  to  await  the 
result  of  the  shooting.  The  Vigilance  Conunitteo 
met  at  the  Orleans  Hotel.  Of  this  meeting  the 
citizens  were  notified  by  a  man  going  through  tho 


448 


COUNTRY  COMMITTEES  OF  VIGILANCE. 


streets  ringing  a  bell.  When  it  was  ascertained  that 
the  wounds  inflicted  were  not  Hkely  to  prove  fatal,  the 
decision  of  the  meeting  was  to  leave  the  matter  in  the 
hands  of  the  law. 


One  Conrad  Sacksin,  on  the  night  of  the  27tli  of 
January,  1853,  was  caught  in  the  commission  of  an 
act  too  inl'amous  for  record;  and  the  description  given 
of  his  punishment  is  scarcely  more  fit  for  perusal. 
He  was  taken  to  the  hwv,  tried,  and  convicted.  The 
question  then  nrose  what  the  punishment  should  bo. 
llev.  O.  C.  Wheeler  presented  the  case  to  the  people 
and  put  the  question  to  vote.  Some  were  for  hang- 
ing and  others  for  nnitilation.  At  last  whipping  was 
decided  on,  one  hundred  lashes  to  be  the  infliction. 
Six  respectable  citizens  were  chosen  for  the  execution 
of  the  sentence.  Then  with  sickening  detail  the 
matter  is  discussed  and  the  punishment  described  in 
the  account  before  me,  which  I  will  gladly  spare  the 
reader. 

These  examples  had  a  beneficial  effect  not  only  on 
criminals  but  on  the  Sacramento  courts.  Justice 
there  assumed  a  more  determined  tone.  An  evil-doer 
could  not  always  buy  oft'  or  beg  off,  nor  could  any 
villainous  lawyer  for  money  clear  him.  There  is  no 
limit  to  the  slaughter  of  innocents  if  we  may  belic^'e 
the  martyrs  to  nmrder.  On  the  open  plain  near 
Sutter  Fort  in  April  of  this  year  three  men  were 
executed  by  the  shcrifl^'  for  the  killing,  near  the  corner 
of  J]  and  Tenth  streets,  of  one  John  Carrol,  known 
as  J^oot-jack.  Shrived  by  the  Rev.  ().  C.  Wheeloi-, 
salvation  they  considered  sure;  and  while  in  this 
pious  state  of  mind  tliey  humbly  confessed  that  thoy 
could  not  toll  a  lie,  that  tlioy  did  not  do  this  murdor, 
l)ut  that  it  was  done  by  a  cunning  child  of  pordition, 
who  made  his  escape;  nevertheless  they  were  hangod. 
The  ])o.sition  hold  by  tlie  Sacramento  Connnittee  of 
Vigilance  during  the  past  two  years  made  it  incum- 
bent on  the  courts  to  hang  somebody. 


STOCKTON  AND  VIGILANCE. 


440 


Stockton  in  early  times  stood  in  the  same  relation 
to  the  southern  mines  that  did  Sacramento  to  the 
nt)rthern.  To  this  point  was  shipped  merchandise  lor 
the  districts  of  San  Joaquin,  Stanislaus,  Calaveras, 
Tuolumne,  and  ^Mariposa,  which  was  conveyed  thcnee 
hy  teams;  and  there,  as  in  Sacramento,  congregated 
gold-hunters  and  traders  on  their  way  to  and  I'rom 
.sDuthern  parts. 

The  destruction  of  the  city  by  fire  on  the  Gth  of 
May,  1851,  two  days  after  the  great  San  Francisco 
iirc,  stirred  the  fury  in  the  hearts  of  the  inhabitants. 
Tlie  firing  of  Stockton,  like  the  kindling  of  San  Fran- 
cisco, was  the  work  of  incendiaries.  Tliere  were  tht-n 
confined  in  the  city  prison  certain  noted  characters 
whose  deliverance  their  associates  sought  to  accom- 
plish,  so  it  was  thought,  by  these  means;  but  the 
wind  changing,  their  plans  were  defeated,  though  o^ 
the  expense  of  the  business  portion  of  the  town. 

The  detection  of  a  party  of  horse -thieves  in  the 
vicinity  of  Stockton  about  the  1st  of  June  led  to 
the  disclosure  of  a  brotherhood  in  crime  extending 
throughout  all  tliat  region.  This  was  the  band  which 
under  Joaquin  ^lurieta  had  just  begun  its  depreda- 
tions, and  which  was  soon  destined  to  b.  come  the 
terror  of  the  country.  The  first  one  of  tluui  captured 
the  people  prepared  to  hang,  but  after  undergoing  the 
])reliminary  acts  of  strangulation  he  was  spared  on 
turning  informer.  Some  of  the  gang  were  surprised 
at  a  fandango,  and  after  being  well  whipped  they  were 
turned  over  to  the  authorities.  In  court  when  the 
informer  was  called  upon  the  witness-stand  ho  refused 
to  testify  against  his  accomplices,  whereupon  tlie 
crowd  made  a  rush  upon  him  to  complete  the  un- 
linished  acts  of  their  trauedv,  when  a  confiict  with 
the  authorities  ensued,  in  which  pistols  were  freely 
drawn,  thousj^h  no  damage  was  done,  ^reanwhile  a 
]K't)ple's  court  assembled  to  try  the  keeper  of  the  ren- 
dezvous, who  was  convicted,  ])lunged  into  the  river 
several  times, and  afterward  stiipped,  whipped  severely, 

Pop.  Tbiu.,  Vol.  ':.    20 


4N 


COtJNTRY  COMMITTEES  OF  VIGILANCE. 


and  ordered  to  leave  the  town  within  sixteen  hours. 
At  his  liouse  were  found  .ill  the  implements  of  burglary 
and  murder.  These  tools  were  of  the  finest  description, 
such  as  were  used  by  tlu  most  accomplished  villains; 
the  men  were  good  looking  and  well  dressed,  and  their 
assaults,  the  cold  atrocity  of  their  crimes,  and  their 
boldness  and  skill,  marked  them  as  adepts  long  and 
well  practised  in  every  specio!.<  of  rascality.  Thus  the 
times  were  becoming  ripe  for  a  more  solemn  declara- 
tion against  criminals. 

Nor  was  the  sentiment  by  any  means  discouraged 
by  the  newspaper  press.    Says  the  Stockton  Journal: 

"Without  war  cry,  we  have  an  enemy  in  our  midsh  whose  signal  is  theft ! 
murder !  fire !  If  an  enemy  should  attack  us  from  without,  all  would  rise 
and  repel  him.  The  laws  are  good  for  peaceful  times,  but  for  such  turmoil 
as  wo  now  endure  stringent  measures  are  necessary." 


Another  writes,  the  5th  of  June: 

"  The  recent  detection  of  a  band  of  marauders  in  Stockton,  and  the  watch- 
fulness of  the  people  both  there  and  in  this  city,  gives  promise  that,  with 
a  united  efl'ort  in  every  portion  of  the  country  infested  by  these  scoundrels, 
we  shall  soon  be  rid  of  their  depredations.  The  sy.st'-m  of  rapine  carried  on 
so  successfully  of  late  commenced  some  few  montlis  after  the  first  discovery  uf 
the  mines;  anil  it  lias  continued  ever  since  in  difTcrent  portions  of  the 
country  generally  with  impunity.  In  the  northern  and  southern  mines 
the  depredations  have  consisted  in  thefts  of  horses  and  cattle.  In  the 
lower  ranch  country,  murders,  plunders  of  houses,  and  robberies  of  stock 
have  been  from  time  to  time  committed;  and  in  tho  cities  the  warfare 
has  been  conducted  in  the  shape  of  burglary,  theft,  and  assassination. 
The  papers  discovered  on  the  persons  of  tlie  thieves  in  Stockton  on 
Monday  last,  as  well  as  other  developments  previously  made,  lead  to 
the  belief  that  there  has  existed  all  along  an  organized  gang  of  brigands, 
associated  in  crime,  and  conducting  their  Ishmaelitish  war  upon  society  in 
general  from  dilFercnt  points  of  the  country.  Xo  doubt  exists  in  the  public 
mind  that  this  association  planned  and  carried  into  execution  the  recent  con- 
flagrations in  tliis  city,  Stockton,  and  Nevada;  and  the  various  atrocitic.'^ 
committed  last  summer  and  ascribed  to  the  unfortunate  Mexicans  were  unques- 
tionably the  work  of  this  band  of  miscreants.  There  is  also  reason  to  believe 
that  it  is  composed  of  some  half-breed  Indians,  some  f  !W  Mexicans  and  Ameri- 
cans, and  the  larger  portion  of  Sydney  men.  That  they  arc  well  practised  i!i 
all  manner  of  rascality  is  evident  from  the  instruments  they  use  in  their 
burglaries  and  thefts.  Their  mode  of  practise  is  pronounced  by  police- 
officers  to  bo  that  of  perfect  adepts  in  tlie  profession.     Their  assaults  and 


THE  LAW  AROUSED. 


451 


murders  exhibit  likewise  a  cold  atrocity  whicii  can  only  be  acqnired  by  years 
of  crime.  It  is  full  time  some  moans  were  atloptcd  to  rid  the  country  of  this 
organization.  The  commencement  should  be  mode  in  this  city,  and  tlie  means 
arc  very  simple.  There  are  three  or  four  gentlemen  in  this  city  who  have  u 
thorougli  acquaintance  with  the  pcrnond  and  haunts  of  all  the  uotoiioua 
thieves  and  burglars.  A  ctnnmittec  of  oiti/eus  should  be  appouitod,  th^sc 
noquaintcd  with  them  should  Iks  emiiloycil  to  point  out  thosi?  notorious 
characters,  a  vessel  should  be  charteied  and  victualled,  and  every  man  kiiowii 
to  the  police  to  l>e  implicated  in  crime  should  Ite  placed  on  Ijoard  and  sent  out 
of  the  country.  Hanging  would  have  an  excellent  efl'ect  unquestionably,  but 
liaiiging  one  or  two  will  not  rid  the  cnnimimity  of  the  remainder.  Let  a 
general  war  be  made  on  thtie  scoinidrels,  quietly  and  without  bloodshed  let 
it  be,  but  witii  the  distinct  intimation  that  should  they  ever  return  they 
will  be  summarily. dealt  with.  We  believe  that  to  send  them  out  ot'  the 
country  is  tlie  only  efl'ectual  method  of  getting  rid  of  these  pests,  and  wc 
trust  the  method  will  be  adopted." 

The  law  being  thus  pricked,  as  well  by  the  vi«ril- 
auce  association  as  by  the  press,  James  Wilson,  afi(fs 
Mountain  Jim,  one  ot*  the  party  just  mentioned,  w.is 
convicted  of  liorsc-stealing  bet'on;  the  Stockton  court 
of  sessions  in  October  and  was  adjudged  to  die.  When 
the  foreman  of  the  jury  delivered  the  verdict,  tlio 
|)risoner,  who  was  lolling  back  in  his  chair  lookiii*^ 
up  abstractedly  at  the  ceiling,  quietly  remarked,  "  J 
cx})ected  as  much,  by  God!" 

At  a  meeting  held  in  Stockton  on  the  13th  of 
.lune,  1851,  one  hundred  and  seventy  of  those  then 
l)rcsent  enrolled  themselves  as  a  Citizen  Police,  whiv'h 
was  preliminary  to  tlie  organization  of  a  committee 
of  vigilance.  On  this  occasion  the  town  was  divided, 
and  resident  watclnnen  appointed  for  each  district. 
The  municipal  council  was  then  petitioned  to  clothe 
the  association  with  authority,  which  being  refu.sed, 
the  people  determined  to  act  without  authority. 

Dr  McLean,  a  member  of  the  Stockton  Vigilance 
Committee,  in  July  ariested  a  Mexican  for  stealing  a 
horse,  and  carried  the  offender  before  the  executi\e 
committee.  The  officers  of  the  law,  whose  wits  were 
somewhat  sharper  than  those  of  their  San  Francisco 
brethren,  hearing  of  it,  arrested  McLean  on  a  charge 


IMAGE  EVALUATION 
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^ 


452 


COUNTRY  COMMITTEES  OF  VIGILANCE. 


of  resisting  the  police.  McLean's  resistance  was  in 
refusing  to  give  to  the  law  a  criminal  he  had  caught 
at  his  own  cost.  He  was  forced  to  give  bail  for  his 
appearance  at  court  in  the  sum  of  $3000,  which  he 
did  cheerfully  and  went  his  way. 

A  package  of  papers  in  the  pocket  of  the  editor  of 
the  Stockton  Journal  prevented  the  ball  fired  from  the 
pistol  of  Mr  Gaugh,  district  attornej-  of  San  Joaquin, 
from  entering  his  heart.  This  was  in  October,  1851. 
There  was  quite  a  chivalrous  element  in  Stockton  in 
those  days,  at  the  head  of  which  was  'he  who  was 
afterward  Judge  Terry,  of  bloody  memory.  Mark 
once  more,  the  very  men  who  most  easily  and  natu- 
rally broke  the  law  when  it  stood  in  the  way  of  their 
bad  passions  were  the  first  to  denounce  those  who 
broke  the  law  when  it  stood  in  the  way  of  principle 
and  common  weal.  I  do  not  say  that  one  should 
never  lift  his  hand  to  right  a  wrong  or  avenge  an  in- 
sult; that  is  not  the  question.  I  only  wonder  that 
those  who  do  this  should  talk  so  much  about  our  im- 
maculate institutions,  our  sacred  statutes,  and  our 
holy  laws. 

The  San  Joaquin  Repvhlican,  the  first  newspaper 
published  in  Stockton,  was  started  by  George  Kerr 
in  1850.  Successors  to  Mr  Kerr  were  Joseph  Mans- 
field and  H.  C.  Patrick.  Another  of  the  earliest 
Stockton  papers  was  the  Journal,  at  one  time  edited 
by  John  S.  Robb  and  at  another  time  by  John  Tabor. 
Journalists  in  those  days,  like  the  politicians,  were 
pugilistic  in  their  tendencies.  Positive,  plain-speak- 
ing men,  they  often  gave  offence  to  those  whose  con- 
duct was  condemnable,  which  was  too  frequently  the 
case  among  those  who  manipulated  the  elections  or 
wlio  had  the  handling  of  ])ublic  funds.  Editors  who 
opposed  each  other  in  politics  or  public  measures  like- 
wise collided. 

The  contest  for  governor  in  1853  was  heated,  and 
brought  out  the  wliole  str-ougth  of  the  contending 


MARYSVILLE  COMMITTEE. 


453 


candidates,  John  Bigler  and  William  Waldo.  The 
Republican  and  the  Journal  warmed  into  personalities, 
until  Mansfield  met  Tabor  one  day  and  told  him  that 
to  assail  his  private  character  would  not  do.  Besides 
politics,  there  was  trouble  between  these  two  journals 
as  to  certain  spoils.  To  secure  the  public  printing  at 
a  large  price,  it  had  been  agreed  that  the  Republican 
should  put  in  two  bids,  takmg  care  that  both  should 
be  large  enough,  and  that  the  plunder  obtained  in 
consequence  of  the  absence  of  fair  competition  should 
be  divided  between  them.  All  went  well  until  the 
Republican  refused  to  share  the  spoils  with  the  Journal. 
Next  day  after  the  meeting  above  mentioned,  which 
was  the  22d  of  June,  1854,  the  editors  again  encoun- 
tered each  other,  when  Tabor  without  a  word  of 
warning  drew  a  pistol  and  shot  Mansfield  dead.  !Mans- 
field  was  a  fat,  good  natured  man,  with  scarcely  an 
enemy  in  the  world,  and  the  killing  of  hiui  was 
deliberate  murder.  And  so  the  jury  regarded  it,  for 
they  found  against  Tabor,  and  he  was  sentenced  to  be 
hanged.  But  meanwhile  John  Bigler  was  elected 
governor — and  should  he  see  a  man  strangled  for  zual 
in  his  cause?  Bj'"  no  means.  Tabor  was  pardoned. 
And  the  pardon  was  in  this  wise:  Forty  thousand 
names  asking  clemency  were  attached  to  a  petition; 
but  before  it  wont  up  to  the  governor  the  heading 
was  changed  from  mitigation  to  full  pardon.  Vigilance 
slumbered. 


Marysville  stands  near  the  junction  of  the  Yuba 
and  Feather  rivers,  and  was  once  the  head  of  river 
navigation  in  this  direction,  and  the  distributing  point 
tor  the  counties  of  Sutter,  Yuba,  Nevada,  Sierra,  and 
Butte. 

Tn  cases  of  exile  the  interior  committees,  who  as  a 
umtter  of  course  were  unable  to  ship  their  criminals 
to  foreign  parts,  did  the  best  they  could.  If  cases 
wore  chronic,  and  of  a  general  character,  they  handed 
them  over,  with  the  evidence,  to  the  San  Francisco 


i 


454 


COUNTRY  COMMITTEES  OF  VIGILANCE. 


Committee.  If  local,  or  of  a  milder  form  of  the 
scourge,  the  vagabonds  were  driven  away  to  prey  on 
others. 

All  along  through  the  summer  and  autumn  of  1851 
the  Committee  of  Vigilance  which  had  been  organized 
in  Marysville  did  good  service,  and  were  largely  in- 
strumental in  rendering  the  upper  country  inhabitable. 
In  October  the  association  resolved  that  a  committee 
of  ten  be  appointed  as  a  standing  committee,  who 
should  have  power  to  call  a  meeting  at  any  time,  and 
do  and  perform  such  duties  as  might  be  thought 
necessary  for  the  welfare  of  the  community.  They 
should  likewise  have  power  to  adopt  any  rules  which 
tended  to  promote  the  efficiency  of  the  general  body, 
and  to  fill  any  vacancies  that  might  occur  among  their 
own  number.  F.  W.  Schaeffer,  J.  L.  McDuffic,  R. 
A.  Eddy,  W.  W.  Smith,  H.  Beach,  L.  Steinhart, 
Charles  Gleason,  John  G.  Smith,  Charles  Ball,  and 
E.  Woodruff  were  appointed  such  committee. 


iis 


I'' 

i: 

Vi'  : 


4  \l 


Earl}'  in  November  word  was  brought  to  Honcut 
by  two  travellers  that  four  Mexicans  had  been  met 
on  the  road  a  few  miles  from  Natchez,  one  of  whom 
was  dragging  a  man  with  a  lariat,  whom  they  probably 
intended  to  murder.  They  were  powerless  to  inter- 
fere, as  they  Vv^cre  not  sufficiently  armed  to  resist  the 
Mexicans ;  when  they  reached  Natchez  they  gave  the 
sauK.^  account  to  the  authorities  there.  Parties  from 
Honcut  and  Natchez  started  at  once  to  make  investi- 
gation. The  Honcut  party,  after  a  little  search, 
found  the  body  of  a  man,  which  was  recognized  as 
George  Mather,  from  Boston  or  vicinity,  who  had 
been  engaged  in  transporting  goods  to  the  mines. 
This  account  they  brought  back  to  Natchez.  The 
others  soon  returned,  having  made  a  still  more  shock- 
ing discovery,  as  they  had  found  the  bodies  of  two 
men,  Gardner  and  Jinkerson,  who  had  left  Honcut 
rancho  on  foot  that  morning  for  Natchez.  They 
probabl}-  had  endeavored  to  rescue  Mather  from  the 


JOAQUIN  MURIETA. 


455 


Mexicans,  and  liad  lost  their  lives  in  the  attempt. 
When  wagons  were  sent  out  for  the  bodies  it  was 
found  that  they  were  lying  but  a  hundred  yards  apart. 
Jinkerson  had  received  seventeen  stabs,  almost  any 
of  which  would  have  proved  fatal;  Gardner  and 
Mather  had  their  throats  cut,  and  all  of  them  had 
marks  of  a  lariat  upon  their  necks,  having  been 
dragged  out  of  the  road  by  that  means.  The  pockets 
of  all  three  of  the  ^'^ounj?  men  were  rifled.  There  had 
been  seventeen  murders  committed  within  a  few  days, 
among  others,  several  at  Bidwell  Bar,  ten  or  fifteen 
miles  up  the  river,  and  the  people  were  intent  upon 
discovering  the  authors  of  these  crimes  and  bringinjj 
them  to  justice. 

In  the  suburbs  of  Marysville,  at  what  was  called 
the  Sonorian  Camp,  was  a  band  of  Mexicans,  who  were 
strongly  suspected  as  the  guilty  party.  A  Mexican 
thief,  captured  by  the  Vigilance  Committee  a  few 
days  before,  had  confessed  to  the  fact  that  the  Sono- 
rian Camp  was  the  retreat  of  many  well  known  mur- 
derers and  robbers.  On  the  niijht  of  the  12tli  R.  B. 
Buchanan,  sheriff  of  Yuba  county,  accompanied  by 
a  posse,  proceeded  to  the  camp  to  make  an  arrest. 
Hitching  their  horses  a  half  mile  distant,  they  ad- 
vanced cautiously,  the  bright  moonlight  i-endering 
their  position  all  the  more  dangerous.  Presently  a 
large  dog  came  out  at  them,  and  though  quickly 
stabbed,  it«  bark  had  alarmed  the  camp.  As  the 
sheriff's  party  drew  nearer  they  saw  standing  by  the 
fire  a  Mexican,  lichly  attired  and  armed  to  tlie  teeth, 
peering  at  them  through  the  chaparral.  It  Avas  after- 
ward ascertained  that  this  man  was  no  other  than 
the  redoubtable  Joaquin  Murieta,  here  encamped  with 
his  band. 

Being  thus  discovered,  the  sheriff  endeavored  to 
retreat;  he  was  fired  upon  by  the  robbers,  and  re- 
turned the  fire.  For  a  short  time  there  was  quite  a 
brisk  enga^'ement.  The  sheriff  then  fell  back,  but 
while   climbing  a  fence  was  shot   by  Murieta   and 


! 


i      M 


m 


456 


COUNTRY  COIOIITTEES  OF  VIGILANCE. 


severely  wounded.  The  city,  already  aroused,  sent 
out  a  large  force  against  the  robbers.  The  camp  was 
deserted,  the  Mexicans  having  secreted  themselves  in 
the  chaparral  near  by.  The  place  was  surrounded, 
but  in  the  darkness  nothing  could  be  done.  Two 
shots  were  fired  by  the  Mexicans  from  their  hiding- 
place,  when  the  pursuers  retired,  leaving  a  guard  for 
the  night.  Next  day  a  merchant  distributed  arms  to 
twenty-five  more  men,  who  went  to  the  chaparral, 
when  it  was  found  that  the  night  guard  had  deserted 
their  post,  and  the  Mexicans  had  escaped.  There 
was  plainly  apparent  a  lack  of  something,  and  the 
Marysville  Vigilance  Committee  at  once  reorganized. 

About  the  same  time  a  vigilance  committee  was 
in  session  at  Natchez  for  the  purpose  of  ferreting  the 
murderers  of  John  B.  Gardner,  C.  Jinkerson,  and 
George  Mather,  such  being  the  names  of  the  men 
killed  the  lltli  of  November.  Eight  hundred  dollars 
reward  was  offered  by  the  citizens  for  their  capture. 
The  committee  arrested  several  suspicious  characters, 
but  accomplished  little  directly. 

The  same  week  six  men  were  murdered  near  Grass 
Valley.  A  vigilance  committee  was  at  once  oi-gan- 
ized,  armed,  and  mounted,  with  E.  B.  Lundy  as  leader. 
An  organization  of  the  same  kind  was  also  formed  in 
Opliir. 

In  July,  1852,  three  several  attempts  were  made  to 
fire  the  city  of  Marysville,  in  consequence  of  which 
the  Vigilance  Committee  assembled  and  instituted 
such  diligent  search  for  the  felons  that  for  a  time 
quiet  reigned.  This  organization  and  its  successors 
continued  for  many  years,  for  as  late  as  1858  we  find 
that  through  the  influence  or  agency  of  the  Marys- 
ville Committee  of  Vigilance,  on  the  8th  of  January 
the  captain  of  the  police,  by  order  of  the  city  marshal, 
was  enabled  to  escort  to  the  steamboat  landing  five 
desperadoes,  some  of  them  notorious,  others  strongly 
suspected  of  crime.  The  captives  were  then  com- 
pelled to  pay  their  fare  and  depart  down  the  river. 


MAD  MULE  CAffON. 


457 


Twenty  lashes  were  given  one  Mercer  by  the  Shasta 
Vigilance  Committee  the  19th  of  September,  1851, 
which  work  was  the  result  of  an  investigation  made 
by  them  in  the  matter  of  a  theft  committed  at  the 
St  Charles  Hotel  the  night  before.  It  appears  that 
Pat  Sullivan  had  given  his  purse  to  Mercer  to  weigh 
from  it  an  ounce  of  gold  dust.  Mercer  stepped  to  the 
counter  for  this  purpose,  and  when  he  returned  to 
where  Sullivan  was  sitting,  as  he  appeared  in  no 
haste  to  give  back  the  purse,  Sullivan  demanded  it  of 
him.  Mercer  gave  it  him,  but  it  was  lighter  by  more 
than  an  ounce  than  before.  Said  Sullivan:  "You 
have  taken  my  money."  Mercer  was  searched,  and 
six  ounces  in  loose  gold  dust  found  in  his  pocket. 
Thereupon  the  Vigilance  Committee  whipped  him; 
for  of  such  were  their  chastisements. 

There  was  a  place  called  Mad  Mule  Canon,  in  the 
Shasta  district,  which  name  was  a  libel  on  the  species 
asinus  beside  the  doings  of  men  in  that  locahty.  One 
day  a  man,  made  insane  by  his  thirst  for  gold,  mur- 
dered his  keeper  and  took  from  his  belt  a  thousand 
dollars  in  gold  dust.  He  then  attacked  another  and 
cut  him  fearfully  before  he  could  be  secured.  To  the 
credit  of  the  miners  be  it  said  that  to  comrades  so 
afflicted — and  the  cases  were  numerous — theymani- 
iestud  the  utmost  leniency,  and  treated  them  with 
evory  kindness,  watching  them  with  patient  self-denial 
night  and  day  lest  they  should  injure  themselves  or 
others.  The  offenders  met  their  just  i'ato.  But  why 
name  a  canon  from  a  mad  mule  when  there  were  so 
many  mad  men  about? 

A  Missourian  named  Holt,  having  made  a  little 
fortune  in  the  mines  at  Woaverville,  was  about  readv 
to  start  for  home.  While  making  the  necessary  prepa- 
rations he  was  murdered  a  short  distance  from  town. 
Suspicion  fell  upon  a  man  named  Michael  Grant,  who 
was  arrested  by  the  sheriff.  The  miners  seized  the 
prisoner,  and  appointed  from  their  numbers  those  to 
act   as  judge,    prosecuting   attorney,   and   prisoner's 


458 


COUNTRY  COMMITTEES  OF  VIGILANCE. 


iJi 


counsel.  The  trial  was  fairly  conducted,  responsible 
witnesses  examined,  and  Grant  was  sentenced  to  be 
hanged.  At  his  earnest  request  ten  days  were  al- 
lowed him  to  arrange  his  business,  and  to  prepare  for 
death ;  ho  protested  his  innocence,  and  said  that  they 
would  yet  discover  the  guilty  person.  He  received 
the  ministrations  of  a  Catholic  clergyman,  who  was 
with  him  at  the  time  of  his  death,  October  5,  1852, 
when  he  was  executed  in  the  presence  of  a  large  con- 
course of  people  at  Weaverville. 

The  Chico  Courant  thus  prays  for  a  vigilance  com- 
mittee in  September,  18G6: 

"Robberies  and  murdcra  are  getting  to  be  overy-day  occurrences  in  this 
state — altogether  too  frequent  for  the  good  health  of  the  community.  The 
fact  is,  as  much  aa  we  arc  inclined  to  '  law  and  order,'  we  have  about  arrived 
at  the  conclusion  that  'law  and  order'  is  too  slow  a  coach  for  these  r;isc;ds. 
Wo  recommend  that  the  people  of  the  state  form  themselves  into  a  huge 
vigilance  committee  and  take  the  matter  of  wiping  out  these  villains  into  their 
own  hands.    Wholesome  killing  on  a  general  plan  is  what  is  needed." 

In  1853  there  was  in  Eureka  a  small  unpainted 
house,  occupied  by  a  Jew  as  a  clothing  and  shoe  store. 
The  Jew  was  a  large  man  of  forty,  who  lived  with  a 
nephew  of  seventeen,  his  only  companion.  After 
several  years  of  successful  business  the  Jew  sold 
everything  and  prepared  to  remove  from  the  place. 
He  was  known  as  indefatigable  in  business  and 
close  in  his  expenditures,  and  it  was  generally  con- 
ceded that  he  must  have  realized  considerable  money. 
This  probability  tempted  three  burglars,  McDonald, 
Canosky,  and  another,  to  enter  his  store  the  night 
previous  to  his  intended  departure,  murder  the  Jew 
and  his  nephew,  and  secure  the  money.  An  hour  or 
two  later  a  young  man  in  Duff  and  Company's  mill, 
going  through  the  hall  on  the  way  to  his  room, 
stumbled  over  what  at  first  he  supposed  a  bag  of 
shot,  but  on  examination  proved  to  be  gold.  There 
was  a  light  in  the  next  room,  McDonald's,  and  he 
hurriedly  entered  to  show  his  treasure  and  ask  Mc- 


i 


THE  NORTHEBN  SEABOARD. 


400 


Donald  what  ho  supposed  it  meant.  McDonald  le- 
plied,  "We've  robbed  the  old  Jew,  and  I  must  have 
(hopped  one  of  his  bags  in  the  hall;  give  it  to  me." 
This  led  to  further  questioning  and  a  divulgciicc  of 
the  trutli,  that  the  Jew  had  not  only  been  robbed  but 
killed.  McDonald  then  acted  like  a  man  bereft  of  his 
senses.  He  eagerly  told  the  story  how  Canosky,  liini- 
self,  and  another  accomplice  entered  the  store  at  mid- 
nitjht.  The  Jew  sat  at  a  table  writinsf,  with  his  back 
to  them,  and  the  nephew  was  sleeping  in  another 
room.  With  a  hatchet  both  the  man  and  the  boy 
were  killed;  then  taking  their  gold  a  distribution  was 
made,  and  each  man  returned  to  his  own  home  with 
his  treasure.  The  story  McDonald  told  was  repeated 
to  the  authorities,  and  two  of  the  murderers  arrested; 
and  as  there  was  no  jail  in  Eureka  at  this  time  they 
were  placed  in  a  wooden  building  under  guard. 

There  was  no  violent  demonstration  by  the  people, 
but  they  acted  according  to  their  custom  in  such  cases. 
They  met  and  deliberated.  The  third  villain  was  still 
iit  large,  and  their  first  effort  must  be  to  find  him. 
Accordingly  they  invited  everyljody  from  all  the 
neighboring  country  to  meet  with  them  at  a  desig- 
nated time.  Then  they  adopted  this  novel  expedient : 
They  placed  the  murderers  in  a  position  where  the 
<;rowd  should  pass  them  singly,  and  if  they  saw  their 
accomplice  they  should  indicate  which  he  was.  Many 
an  innocent  person  paled  as  he  passed  under  their  scru- 
tiny, for  should  he  be  pointed  out,  to  gratify  a  desire 
ibr  revenge  or  from  any  other  motive,  he  was  a  doomed 
man.  Their  confederate,  however,  was  not  among  the 
number,  or  at  all  events  was  not  designated  by  the 
prisoners,  nor  was  he  ever  found.  Immediately  after 
ward  McDonald  and  Canosky  were  taken  to  a  tal 
}jine  tree,  where  a  crowd  gathered  and  witnessed  theii 
execution.  And  the  waves  still  sound  their  requien 
en  the  beach  where  they  were  buried. 

Early  in  July,  1851,   a  vigilance   committee    wai 
formed  at  Nevada  City,  California.     The  attempted 


■4 


■Mi 


460 


COUNTRY  COMMITTEES  OF  VIGILANCE. 


M 


};  ■  il 
'i 

J; 

ill 


robbery  of  F,  A.  Houghton  while  on  the  way  from 
Grass  Valley  to  Buena  Vista  Ranch,  together  with 
other  obnoxious  doings,  stimulated  the  action  of  the; 
people.  No  part  of  the  country  was  then  safe  apart 
from  popular  measures  offensive  to  crime. 

To  show  the  aim  of  the  San  Francisco  Committoc^ 
in  its  intercourse  with  the  interior,  and  the  influenct; 
which  must  necessarily  have  followed  from  it,  I  give 
the  following  letter: 

"San  Francisco,  July  28,  1851. 
"To  the  Committee  of  Vigilance,  Nevada  City: 

"Gentlemen: — In  the  name  of  the  executive  committee  of  the  Commit- 
tee of  Vigilance  of  San  Francisco,  and  at  the  request  of  your  friends,  I  en- 
close you  a  copy  of  our  constitution.  So  far  we  have  acted  under  it  witli 
.success  in  punishing  crime  and  bringing  those  in  authority  to  a  sense  of  their 
duty.  Our  great  aim,  gentlemen,  is  to  remove  corruption  from  high  places, 
to  advance  the  safety  and  interest  of  our  adopted  state,  to  establish  justic(! 
and  virtue,  without  which  our  fall  and  ruin  would  be  certain.  To  secure  ia 
the  future  the  great  objects  we  have  in  view  it  would  be  well  to  look  into  tlir 
character  aijd  principles  of  those  whom  we  would  elevate  to  office,  to  drag 
out  into  light  those  who  may  be  in  office  and  guilty  of  corruption,  who  by 
their  acts  have  produced  so  nmch  evil.  It  is  an  old  and  popular  doctrine,  that 
it  nay  be  necessary  to  sacrifice  the  government  to  the  people,  but  never  tin.' 
people  to  the  government.  That  your  course  may  be  marked  with  prudeueu 
and  justice,  may  God  grant.  Do  not  permit  vindictiveness  to  enter  into  your 
deliberations.  Be  calm  and  determined ;  swerve  not  to  the  right  nor  to  tlio 
left,  but  go  onward  in  your  pursuit  of  right.  Be  of  one  mind,  and  carry  your 
point.  The  might,  majesty,  and  power  of  the  people  can  overcome  all  im- 
pending evils ;  like  the  thunders  of  heaven  it  will  shake  to  naught  all  cor 
rupti  ve  influences,  and  drive  its  fiuthors  into  obli\'ion.  Let  the  motto  of  oui' 
father's  be  ours  to  sustain  and  perpetuate — Virtue,  Liberty.  Let  us  show 
ourselves  worthy  of  our  origin,  determined  to  sustain  and  support  the  blesseJ 
privileges  bequeathed  by  them  to  us.  The  moment  we  render  up  one  tittle  i.t 
the  sacred  constitution  under  which  we  were  bom,  and  which  cost  so  much  to 
obtain,  and  permit  a  small  and  corrupt  minority  to  prescribe,  we  lose  oiii- 
caste,  and  our  boasted  institution  will  become  the  laughing-stock  of  tlu' 
world.  I  have  much  confidence  in  the  virtue  and  integrity  of  our  brotlicis 
of  the  interior,  that  they  will  do  what  is  right,  and  that  in  time.  The  blesstil 
influences  once  enjoyed  by  them  and  us  at  our  Atlantic  homes  may  be  ftlt 
iind  enjoyed  throughout  our  Pacific  homes,  humbly  trusting  that  the  day  is 
not  far  distant  when  we  may  pass  from  the  nortli  to  the  south,  from  the  e:ist 
to  the  west  of  our  western  possessions  without  fear  or  danger,  and  behold  in 
every  man  a  brother.  CaiTy  with  us,  brethren,  the  holy  objects  we  have  in 
view,  and  rest  assui-ed  that  erelong  the  mountains  of  the  Sierra  Nevada  and 
the   valleys  will  I'^'come  redolent  with  charms  which  will  so  much  cudeai 


PAYRAN  SOARS  ALOFT. 


401 


from 
with 

)f    till! 

apart 

iiitteft 
luencu 
I  give 

;,  1851. 

I  Cominit- 
nds,  I  eii- 
er  it  with 
je  of  their 
g\\  placfs, 
sh  justi('(^ 
0  secure  in 
)k  into  till' 
ce,  to  diai^ 
in,  who  by 
itriiie,  that 
never  tin 
prucleiiee 
Ir  into  your 
Inor  to  til'' 
I  carry  your 
(no  all  iui- 
ht  all  cor 
itto  of  our 
It  us  show 
[he  blessLil 
,e  tittle  ot 
lo  much  to 
lose  our 
ick  of  tho 
broth*.:  i> 
le  blessid 
[ay  be  ftll 
;he  day  i^ 
the  eiist 
[behold  in 
have  iu 
[vada  iiiiil 
h  eudcar 


them  to  us  that  we  will  not  separate  or  leave  them  until  wo  shall  bo  called  to 
mingle  our  clay  with  that  of  our  loved  and  atloptcd  country. 

"With  deep  consideration  of  respect  and  cstocm,  gentlemen,  in  the  name 
(if  my  colleagues  I  subscribe  myself, 

"Your  obedient  servant, 

"S.  J.  Pa\ti.vn, 
"President  Executive  Committee," 

Near  Grass  Valley  in  May,  1857,  on  a  hill  who^e 
side  toward  the  setting  sun  was  sprinkled  Vviih  log 
cabins  and  shingle  shanties,  in  a  pine  forest  where  the 
.stumps  of  felled  trees  marked  the  progress  of  civiliza- 
tion, a  band  of  rough,  bushy-headed  men,  in  felt  hats, 
flannel  shirts,  and  long  boots,  were  gathered  in  council. 
After  appointing  by  acclamation  one  to  preside,  a 
speaker  mounted  a  stump  to  explain  the  object  of  the 
meeting:  "Certain  men  charged  with  having  stolen 
a  bag  of  gold  dust  from  a  store  in  their  town  are  now 
iu  the  custody  of  the  sheriff  and  are  about  to  be  com- 
mitted to  the  Marysville  prison  for  trial."  A  derisive 
laugh  by  the  listeners,  subsiding  into  a  growl,  folio \ved 
this  remark.  "Shall  men  suspected  of  crime  be  per- 
mitted to  slip  from  our  fingers  and  gain  their  liberty 
through  process  of  law?"  Those  present  manifested 
their  dissent.  "  Then  let  a  committee  be  appointed  to 
move  in  the  matter;  let  one  of  their  number  act  as 
sheriff,  who  with  a  chosen  posse  shall  bring  these 
])risoners  before  us." 

This  was  done.  The  committee  was  appointed  by 
the  president,  who  on  these  occasions  can  carry  the 
company  about  where  he  chooses;  a  massive,  sym- 
metrical figure,  with  broad  brow  and  intelligent  eye, 
a  splendid  specimen  of  a  man — an  American  miner, 
iit  for  an  American  senator — stepped  forth  in  answer 
to  his  name  and  immediately  started  on  his  mission. 

The  people's  sheriff  confronts  the  law's  sheriff  and 
demands  the  men.  The  law's  sheriff  resists  as  in 
duty  bound;  indeed  he  mildly  blusters,  whereat  the 
people's  sheriff  smiles  and  likes  him  none  the  less  for 
that.     With  the  prisoners  the  people's  sheriff  reports 


i 


COUNTRY  COMMITTEES  OF  VIOILiVNCE. 


■'^t 


that  tlic  authorities  opposing  liim  were  finally  over- 
come by  su[)erior  numbers;  and  all  present  inwardly 
declare  the  authorities  good  I'ellows,  who  know  so  well 
how  gently  to  oppose  the  people's  will,  and  then  and 
there  resolve  that  they  shall  be  reelected. 

A  space  is  now  cleared  and  the  prisoners  arc  seated 
on  the  ground  in  the  ring  thus  made,  vith  thoir  cap- 
tors still  standing  over  them.  A  court  is  formed,  thr 
president  of  the  meeting  acting  as  chief  judge,  and 
the  committee  before  mentioned  as  a  jury.  Counsel 
arc  nominated  lor  either  side,  who  are  paid  by  vohm- 
tary  contributions  one  hundred  dollars  each  for  their 
services.  There  are  present  officers  of  the  law,  who 
enter  their  protest,  which  is  as  idle  wind,  and  seat 
themselves  and  socially  enjoy  the  occasion  as  uiiin 
terested  spectators.  An  old  man  rises,  and  with  gray 
head  uncovered  plainly  tells  the  people  they  are  doiiii^ 
wrong.  The  speaker  is  listened  to  respectfully,  almost 
reverently,  and  then  the  work  goes  on. 

Witnesses  for  and  against  the  prisoners  arc  brought 
forward.  The  trial  lasts  two  days ;  the  prisoners  ai'c 
found  guilty.  Then  one  of  them  rises  from  tlu; 
groiuid  and  confesses  tlio  crime.  Having  lost  his  last, 
dollar  at  the  monte  table,  he  says,  he  drank  to  drown 
thought;  and  while  intoxicated  that  man — pointing 
to  one  of  his  fellows  still  lyin*.  in  the  ground — tempte(  I 
him  to  rob  the  trader's  box.  Tliis  the  other  stoutly 
denies;  but  when  the  sentence  is  fixed  at  thirty-nine 
lashes  he  offers  to  discover  to  them  the  money  if  they 
will  remit  the  sentence.  Part  of  the  punishment  the 
jury  will  remit  on  the  conditions  named,  but  not  the 
whole  of  it;  and  so  a  compromise  is  eflfected. 

It  rains  next  morning,  and  the  wind  blows  cold  for 
spring;  yet  the  people's  burly  big-brained  sheriff  leads 
out  the  prisoners,  strips  them  to  the  waist,  tics  them 
to  a  tree,  scourges  them,  then  casts  them  loose. 
Fainting  they  fall  to  the  ground,  curled  by  the  whip- 
ping, sick,  and  moaning.  They  were  tender  thieves, 
or  else  the  blows  were   exceptionally  heavy.     One, 


i  I 


TRUCKEE  AND  VICINITY. 


4G3 


who  had  neglected  to  negotiate  a  mitigation  of  liis 
])enalty,  dies.  The  others  crawl  away,  no  one  knows 
wliither. 


In  every  Californian  town  not  having  died  a  natural 
(Iwitli  there  are  always  a  score  or  two  of  stinliig 
Imsiness  men  of  moral  worth  and  substance.  These 
are  the  nuclei  of  country  committees  of  vigihuice. 
These  best  men  are  usually  supported  by  a  loss  influ- 
ential elass,  but  five  or  ten  of  the  kind  lirst  mentioned 
are  the  life  of  every  movement. 

Truckee  in  1873  was  one  of  the  li^•eliL^st  towns  in 
California.  The  new  overland  railway  brought  i  »  it 
money,  merchandise,  and  activity;  but  it  also  brought 
the  bad  element  common  to  new  prosperous  I'^calitics. 
The  sjfood  men  were  thinking  seriously  of  1  acliuL''  to 
drive  out  the  bad  when  a  strange  incident  occtu'ud 
which  rel'  ■  ■  \  the  town  on  the  distant  of  tw^  of  its 
worst  characters.  Jack  White  and  Andy  Futlgett 
hud  quarrelled.  Meeting  one  day  upon  the  street 
each  emptied  the  chambers  of  his  navy  revolver  into 
th(j  body  of  the  other.     Both  died. 

This  spontaneous  combustion  of  crime  was  a  happy 
circumstance  and  a  wholesome  warning.  For  a  time 
peace  reigned  at  Truckee.  But  by  November,  1874, 
villainy  became  unbearable,  and  the  substantial  citi- 
zens felt  obliged  to  resolve  themselves  into  a  Com- 
uiittee  of  Vigilance.  This  they  did,  with  'GOl'  as 
their  sanguinary  symbol.  Orders  to  leave  were  issued 
and  for  the  most  part  obeyed.  Two,  however,  a  man 
and  a  woman.  Bob  jNIellon  and  Carrie  Prior,  «//a.s' 
S[)iing  Chicken,  refused  to  quit  the  town.  Mellon 
used  to  boast  of  having  fought  a  duel  in  San  Fran- 
cisco  with  bowie-knives,  Spanish  fashion,  the  left  arms 
of  the  combatants  being  bound  together.  The  fair 
Carrie's  hand  was  not  unstained  with  human  blood, 
and  many  men  had  been  foolish  enough  to  cut  and 
shoot  each  other  for  her  vile  sake.  P  ">b  and  Carrie 
must  be  made  to  go;  so  ore  day  orders  were  issued 


404 


COUNTRY  COMMITTEES  OF  VIGILANCE. 


■i       : 


i:  J 


for  the  vigilanio  to  meet  at  midnight.  Foremost 
in  energy  and  respectabiHty  among  the  citizens  of 
Truekee  was  D.  B.  Frink,  a  prominent  member  of  the 
Committee.  Writing  C.  F.  McGlashen  on  that  day 
he  says :  "  The  vigilants  have  business  on  their 
hands  to-night.  If  resistance  is  offered,  blood  may  be 
shed."  It  was  understood  that  the  work  in  hand  was 
serious. 

Masked  in  black  cloth,  covering  head,  shoulders, 
and  breast,  with  coats  turned  inside  out,  the  small 
men  padded  to  look  large,  and  the  large  men,  con- 
tracting their  breath  and  stature  so  as  to  appear 
diminutive,  the  society  of  601  met  in  the  principal 
hall.  They  were  well  armed  with  concealed  knives, 
pistols,  and  quiet  determination.  Carrie  felt  the 
approaching  affray  instinctively.  She  said  they  might 
come  on,  that  in  Hayward's  house,  a  place  of  bad 
repute  situated  on  a  back  street,  would  be  forty  armed 
men  to  protect  her.  Mellon  swore  he  would  not  bo 
taken  alive,  and  that  he  could  kill  at  least  a  dozen 
vigilants  before  they  could  kill  him. 

When  all  was  ready,  silently  the  masked  men  left 
the  hall,  passed  through  a  saloon,  and  surrounded 
Hayward's  house.  Four  took  their  station  at  the 
back  door.  Thirty  entered  the  front  door,  and  de- 
manded of  Hayward  the  surrender  of  the  house.  Xo 
opposition  was  made.  Two  or  three  drunken  strag- 
glers found  in  the  bar-room  were  permitted  to  go 
their  winding  way.    Hayward  was  then  ordered  to 

•  open  the  door  to  every  room.  Closely  at  his  heels 
followed  the  masked  party.    After  examining  the  first 

'  floor  they  all  proceeded  through  a  narroAv  hall  to  tlio 
stairway,  Hayward  being  in  front  carrjnng  a  liglit. 
The  threats  of  Carrie  and  Mellon  had  led  the  party 
to  expect  a  certain  attack,  and  their  nerves  were  now 
stretched  to  their  utmost  tension. 

Suddenly  through  a  brc  ken  panel  of  the  back  door, 
wliich  opened  into  the  hall,  a  pistol  was  thrust, 
whose  glittering   barrel   covered    the  wJiole  line  of 


I:    f 


MOKELUMNE  HILL. 


463 


most 
iS  of 
f  the 
b  day 
their 
ay  be 
1  was 

ilders, 

small 
1,  con- 
ippear 
incipal 
inives, 
It  the 
•  might 
of  bad 

armed 

not  be 
dozen 

len  left 

lounded 

at  the 

ind  do- 

e.    No 
strag- 
to  go 
ired  to 
Is  heels 
he  first 
to  the 
light. 
:  party 
L-e  now 

door, 
thrust , 
line  of 


vigilants.  It  was  black  darkness  without,  and  as  the 
vigilants  were  momentarily  expecting  attack  there 
was  no  time  to  be  lost ;  so  that  almost  simultaneously 
with  the  appearance  of  the  pistol-barrel  shots  were 
tired  from  behind.  Hayward  and  one  of  the  men  at 
the  back  door  fell  dead.  The  search  was  continued; 
the  town  was  cleared  of  its  bad  charactei's;  but  the 
result  of  the  night's  work  sent  a  thrill  of  horror 
through  the  community,  never  to  be  forgotten,  when 
it  was  learned  next  morning  that  it  was  the  honored 
and  beloved  Frink  who  was  thus  unintentionally  killed 
by  one  of  his  own  comrades. 

At  Mokelumne  Hill  when  on  the  night  of  Jul}^  3, 
1851,  John  Nelson  entered  the  house  of  one  Hall  and 
shot  him.  The  principle  of  vigilance  was  there,  the 
law  assisting,  though  the  miners  faintly  comprehended 
the  meanino-  of  the  term  or  its  true  sio-nificanco. 
However,  all  believing  it  desirable  and  right,  the 
legal  judge  and  the  miners  en  masse  constituted  the 
Lcjurt,  and  at  the  close  of  the  trial  the  judge  did  not 
scruple  to  ask  of  the  crowd  its  verdict.  About  that 
time  a  case  occurred  at  Yreka  where  a  mob  of  miners 
jittempted  to  take  a  sheriff's  dcput}'  from  the  jaiL 
I'lie  citizens  arose,  armed  themselves,  and  entered  and 
ilei'ouded  the  prison. 

()u  the  streets  of  Mokelumne  Hill  a  fatal  assault 
was  made  the  following  Christmas.  A  man  named 
Jaines  Campbell  mounted  a  mule  belonging  to  a 
Chilean,  and  was  riding  off,  when  a  friend  of  its 
owner,  one  Naides,  stopped  him  and  remonstrated 
ill  a  quiet  way,  receiving  in  answer  a  blow  from 
the  bully,  quickly  followed  by  a  knife-thrust  in  th(3 
Chilean's  side,  which  caused  immediate  death,  but 
not,  however,  until  he  had  thrown  his  knife  at  Cam[t- 
boll,  which,  passing  through  the  air  a  distance  of  ten 
yards,  stuck  in  the  wall  of  the  Empire  House.  Camp- 
bell took  refuge  in  a  miner's  cabin,  but  was  pursued 
by  Chileans,   who   fired  several    shots,   wounding   a 

Top.  TiUB.,  Vol.  I.    30 


i 


A" 


466 


COUNTRY  COMMITTEES  OF  VIGILANCE. 


III 


*  i- 


■4  f 


iiuinbcr  of  by-staudcrs  The  crowd  arrested  Camp- 
boll,  gave  him  a  hurried  trial,  and  pronounced  him 
guilty  of  murder;  but  by  a  vote  of  the  crowd  he  was 
to  be  delivered  to  the  civil  authorities.  As  the  guard 
was  about  "'.-^  remove  him  to  the  custody  of  the  offi- 
cers,  another  motion  was  made,  this  time  to  liberate 
him,  and  he  was  released.  He  was  afterward  arrestutl 
by  the  authorities,  but  escaped,  when  the  people  in 
tlicir  indiixnation  formed  a  viijilance  committee,  de- 
tormined  to  see  justice  done. 

This  Committee  on  the  30th  of  March,  1852,  caught 
a  Mexican  cutting  oj^en  tents  and  stealing  gold  dust, 
and  thus  arcfued:  If  handed  over  to  the  authorities 
lie  might,  perhaps,  be  committed  to  the  Jackson  jail, 
where  if  he  remained  twenty-four  hours  it  would  be 
because  he  liked  the  accommodations  and  had  no  fear 
of  being  convicted;  if  whipped  and  turned  loose,  it 
was  known  from  his  previous  bad  character  and  vicious 
})rf)ponsities  that  he  would  again  resort  to  the  same 
course;  it  was  known  that  he  had  served  several 
months  in  the  chain-ffano;  at  San  Francisco ;  if  hanj^cd, 
there  would  be  one  thief  the  less,  and  an  awful  warn- 
ing thus  given  to  others  guilty  of  like  offences.  So 
sentence  of  death  was  passed  upon  the  man.  Carlos 
I']slaves,  for  such  was  his  name,  received  information 
<).'  these  proceedings  with  the  utmost  indifference. 
,l>eing  told  that  his  execution  would  not  take  place 
until  the  following  day,  he  requested  a  good  bed, some 
good  brandy,  a  good  breakfast,  and  a  priest,  all  of 
which  were  given  him.  The  hour  arrived,  he  lit  a 
cigar,  marched  quietly  to  the  place  of  execution,  coolly 
talked  with  the  people,  confessed  his  crimes,  and  was 
launched  into  eternity.  Within  a  month  thereafter 
a  murderer  was  executed  by  the  same  Committee. 

A  man  arrested  for  murder  in  June,  1852,  was  ex- 
amined by  the  justice  at  Jackson  and  committed  foi' 
trial  at  the  next  term  of  the  district  court.  Tlu; 
Vigilance  Committee  had  offered  .^300  for  his  ap- 
jtrehension,  and  having  secured  his  arrest  they  wer(^ 


MARIPOSA  AXI)  SOXORA. 


487 


willing'  the  law  should  take  its  course,  meanwhile 
keeping'  a  sharp  eye  upon  it  that  it  should  not  be 
subverted.  This  did  not  satisfy  certain  of  the  people, 
who  took  the  prisoner  from  jail  and  hanged  him. 
This  is  a  fair  illustration  of  the  difference  between 
a  vijjilance  committee  and  a  mob.  Here  in  this 
town  of  Jackson  were  three  several  antaaconistic 
powers  laboring  to  secure  the  same  end — a  I'egulaily 
constituted  court  of  justice,  a  regularly  organized 
committee  (^f  vigilance,  and  a  passionate,  revengeful, 
irresponsible  mob.  The  Vigilance  Committee  of 
^lokelumne  Hill,  after  having  from  an  imperative 
sense  of  duty  executed  one  criminal,  and  seeing  the 
officers  of  the  law  sternly  determined  to  do  their  duty, 
reorganized  for  the  sole  purpose  of  assisting  legally 
constituted  tribunals  in  the  administration  of  justice. 

A  vigilance  committee  '/as  foi'iied  at  IMariposa 
after  the  funeral  of  an  old  man  had  taken  place  wlioso 
violent  death  in  March,  185-1,  had  been  caused  by 
Thomas  Cowan,  a  gambler.  The  Committee  was  com- 
posed of  fifty  of  the  most  respected  citizens,  who  de- 
termined that  the  prisoner  should  have  justice  shown 
him.  A  mob  collected  and  protested  that  they  would 
break  the  jail  and  hang  Cowan;  but  the  Vigilance 
Committee  remonstrated  and  promised  that  the  right 
should  be  maintained.  A  special  grand  jury  found  a 
true  bill  against  Cowan,  and  the  Committee  remained 
in  session  until  the  close  of  the  trial. 

The  Sonora  Vigilance  Committee  was  composed  of 
as  good  a  set  of  fellows  as  ever  strangled  horse-thief 
They  were  diligent  in  search  and  terril)le  in  sentences, 
though  somewhat  mild  in  their  executions.  Drink,  it 
is  said,  brings  to  the  surface  the  natural  qualities  of 
the  man.  It  intensifies  momentary  feeling  likewise. 
The  mild  it  mellows  and  the  vindictive  it  makes  makes 
more  hateful.  As  few  country  connnittees  of  vigil- 
auce  long  managed  their  business  with  parched  throats. 


m 


468 


COUNTRY  COMMITTEES  OF  VIGIL^iXCE. 


we  may  infer  that  the  bark  of  the  Sonora  Committee 
was  sometimes  worse  than  its  bite. 

Of  its  Vigilance  Committee  the  Sonora  Herald  of 
July,  1851,  thus  speaks: 

"Investigations  of  the  most  important  character  have  been  made,  and 
could  we  tell  the  good  people  of  this  community  all  that  we  have  learned 
tliey  would  approve  even  more  heartily  than  now  of  the  organization.  It  ia 
just  what  the  necessities  of  the  case  require.  Rascals  having  been  driven  by 
scores  out  of  San  Francisco,  have  taken  refuge  hero  in  the  mountains,  nnd 
were  there  no  vigilance  connnittees  to  telegraph  to  each  other  and  dcscril  le 
the  outlaws  they  would  commit  a  thousand  depredations  before  our  rcguhir 
citizens  M'ould  know  anything  about  their  character.  They  arc  now,  however, 
under  the  special  observation  of  an  argus-eyed  police,  so  numerous  and  so 
admirably  organized  that  more  criminals  can  bo  detected  in  a  week  than  by 
the  ordinary  officers  of  the  law  in  a  month.  It  is  gratifying  to  know  that  the 
whole  eonnnunity  have  the  fullest  confidenoo  in  this  Committee.  Indeed  we 
kno«'  not  how  it  could  be  otherwise.  Composed  as  it  is  of  the  most  orderly, 
moral,  and  intelligent  citizens  in  the  place,  not  a  few  in  number,  but  nearly 
the  entile  body,  nu  ii  against  whom  no  one  has  ever  dared  to  whisper  a  re- 
proach, wlio  have  been  marked  by  deeds  of  charity  and  mercy,  and  not  by 
bloody  acts  of  so-called  heroism,  every  one  feels  and  knows  that  such  a  bculy 
of  men  will  do  only  what  is  right,  Tlicy  are  cool  and  determined,  and  imittd 
as  one  man.  The  good  of  society  and  the  paramount  law  of  self-preservation 
have  determined  the  path  of  duty,  and  they  are  men  who  never  flinch  \\ heie 
duty  calls  tliLiU  to  act." 

So  busy  were  the  Sonora  Vin'ilance  Committee  f  >/ 
a  season  that  their  whipped  an  J  banished  averajje;' 
one  a  day.  They  had  a.  brand  made  by  a  blacksmith, 
H.  T.,  which  they  burned  into  the  llesli  of  the  hip  or 
cheek,  accordinn'  to  the  heinousncss  of  the  olfenci . 
Beside  brandinL;',  the  Sonora  Committee  seemed  t'> 
possess  a  iancv  for  shavinij  heads  or  half  heads.  The\ 
had  a  bad  element  to  deal  with.  On  the  15th  of 
Jidy  a  ^Mexican  was  tried  before  them  for  stealinL;' 
a  horse.  Most  committees  would  have  hansfed  him 
instantly.  The  man  was  large,  muscular,  and  capable 
of  much  endurance;  an  ordinary  whipping  would  be 
no  more  to  him  than  the  switching  of  a  big  boy  by 
the  school-mistress.  The  Committee  thought  it  no 
more  than  right  for  them  to  give  according  to  the 
prisoner's  ability  to  receive.     A  hundred  and  fifty 


SEVERITY  AND  MODERATION. 

lashes  and  H.  T.  to  be  branded  on  the  cheek  was  the 
verdict.  The  sentence,  though  thcv  thousrht  it  severe, 
seemed  necessary.  At  all  events  they  might  so  far 
favor  the  culprit  as  to  administer  it  in  homoeopathic 
doses.  So  at  the  expiration  of  every  twenty- five 
blows  they  permitted  the  recipient  to  rest;  and  finally, 
on  his  promising  to  quit  the  country,  they  remitted 
the  branding.  At  another  time,  after  administering 
one  hundred  and  fifty  lashes  each  to  three  lujrse- 
thieves  and  then  shaving  their  heads,  they  collected 
a  purse  for  them,  that  they  might  be  delivered  from 
temptation. 

On  the  16th  of  September  the  Committee  tried 
and  convicted  a  Sydney  convict  for  Iiorse-stealing. 
The  condemned  was  sentenced  to  receive  on  the 
bare  back  one  hundred  lashes  and  to  have  one  half 
of  the  head  shaved.  The  tender-hearted  miners, 
however,  paused  at  the  seventy-fifth  blow  and  let 
the  suiferer  loose.  Shortlv  before  the  Connnittee  in- 
llicted  sevontv-five  lashes  and  shaved  tlie  head  of  a 
^Mexican  for  stealing  a  six-shooter. 

The  Sonora  Herald  about  this  time,  speaking 
of  the  arrests  by  this  tribunal  and  the  punishment  of 
hishing,  says: 

' '  Wc  believe  these  arc  the  first  cases  before  the  Committee  for  a  loug 
time;  not  that  the  dimiimtion  of  crime  is  so  great  but  tluit  the  courts 
under  the  new  criminal  organization  are  fast  superseding  the  want  of  a 
\  igilance  association.  Rogues  arc  now  brought  up  and  meet  with  speedy 
trials;  justice  is  no  longer  tardy  in  its  operations.  Wo  hope,  now  that  this 
d'sirable  change  in  the  administration  ''f  law  has  been  brought  about,  that 
the  Committee  will  act  as  an  adjunct  to  the  authorities  in  the  detection  of 
crime,  and  h  i.     ,>ver  all  cases  to  the  courts  for  i)unishment. " 

At  Tim's  Garden,  one  mile  from  Columbia,  in 
October,  an  honest  old  miner  named  Crowning  was 
robbed  of  hard-earned  gold  dust  to  the  amount 
«>f  $600.  He  had  left  it  in  the  pocket  of  a  coat 
wiiich  he  had  thrown  down  beside  his  claim  when  he 
wont  to  work  in  the  morning,  and  at  noon  on  look- 
ing for  his  coat  it  was  missing.    Suspicion  fell  on  one 


470 


COUNTRY  COMMITTEES  OF  VIGILANCE. 


i->. 


W.  E.  Conklinif,  who  had  boon  soon  hoveriiif;  about 
the  spot  during  the  forenoon.  Search  was  made,  and 
the  man  found  at  a  niontc  table  with  some  of  the 
dust  still  in  his  possession.  Ho  was  only  speculating 
with  the  funds  of  another,  and  would  have  i)aid  it 
back  if  successful.  Ho  was  tried  by  the  Vigilance 
Committee  of  the  place  and  given  seventy-five  lashes. 
Very  moderate  for  Columbia  in  the  year  1851. 

In  the  summer  of  1858  the  town  of  Visalia  stood 
upon  the  frontier,  somewhat  remote  from  the  more 
settled  portions  of  California.  Population  was  sparse, 
the  courts  poorly  organized,  and  the  groator  part  of 
the  inhabitants  wild  and  lawless.  Some  of  tliem  were 
followers  of  the  Mormon  prophet;  others  were  emi- 
grants from  the  confines  of  civilization.  There  was 
not  a  jail  in  Tulare  county.  A  rough  shanty  in  an 
oak  opening  constituted  the  court-house.  In  the 
centre  of  the  shanty,  whose  floor  was  the  solid 
earth,  was  the  stump  of  a  large  oak  tree,  to  which 
was  attached  a  ring-bolt.  TJiis  stump  and  ring- 
bolt was  the  county  prison;  for  to  it  felons  were 
chained  and  a  guard  placed  over  them.  On  the  2~th 
of  July  Sherifi'  Poindexter  arrested  one  William  C. 
Deput}',  called  by  some  a  bad  character,  on  complaint 
of  his  nephew,  J.  D.  Stapleford,  who  alleged  that 
Deputy  had  defraudetl  him  of  lands  and  moneys 
amounting  to  the  value  of  $30,000  or  $40,000.  Tlu' 
sheriff  placed  Deputy  in  the  jail  and  chained  him 
to  the  stump,  a  treatment  imposed  upon  all  prisoners 
charged  with  a  state  prison  offence.  Deputy  was  an 
old  man,  and  because  he  was  a  Mormon  all  the  more 
people  called  him  an  unprincipled  villain,  and  he  was 
shunned  and  detested  in  the  community.  They  said 
he  held  in  his  possession  at  the  time  of  his  arrest,  as 
a  confidential  trust,  property  belonging  to  his  nephe\\ , 
Stapleford,  which  he  now  persistently  refused  to  recon 
vey.  A  lawyer  was  employed  to  compel  the  man  to 
disgorge  the  funds,  but  Deputy  had  concealed  his 


i-i 


A  DISGRACEFUL  BUSIXESS. 


471 


tracks  with  such  skill  as  to  defy  detection  and  defeat 
legal  proceedings.  Stapleford  was  duped;  the  law- 
could  not  help  him  to  obtain  restitution;  nothing 
would  avail  but  to  compel  the  man  to  sign  over  his 
ill-gotten  gains.  He  stated  his  grievances  to  his 
friends,  and  enlisted  the  sympathy  of  the  community. 
They  k;iew  of  but  one  way  to  adjust  the  difficulty, 
and  in  the  thinly  settled  frontier  counties  it  was 
a  method  frequently  employed.  They  would  form  a 
vigilance  committee,  and  would  compel  the  old  man 
to  sign  the  papers.  They  believed  Stapleford  to  be 
right,  and  they  would  help  him  to  that  justice  which 
the  law  could  not  give;  and  yet  had  not  Deputy  l»een 
a  Mormon  I  doubt  if  such  liigh-handed  proceeihngs 
would  have  been  popular  in  a  matter  of  property  only. 
Nevertheless  the  so-called  Vigilance  Committee  were 
impatient  for  the  night,  ju'ocUictive,  as  they  antici- 
[)ated,  of  a  triumph  of  justice  and  right.  To  accom- 
plish their  })urpose  the  best  citizens  sometimes  united 
with  the  worst.  ^len  of  intelligence  and  probity 
were  not  unfrequently  overawed  and  kept  in  circum- 
scription by  the  turbulent  and  irresistible  element 
which  so  largely  predominated  in  Visalia.  But  now 
their  cause  was  made  a  common  one,  and  there  was 
not  a  single  individual  who  opposed  the  plan  made 
known  to  the  assembled  crowd  that  <;athered  and  dv- 
termined  upon  action.  That  night  between  eleven 
and  twelve  o'clock  they  marched  to  tlie  court-house, 
where  they  found  Deputy  guarded  by  two  armed  men, 
who  presented  but  a  slight  obst.ielo  to  tlie  pursuance 
of  their  object.  They  entered  the  room,  took  Deputy 
from  the  bench  upon  which  he  was  lying,  and  led  him 
out  to  the  northern  section  of  the  town,  where  lie  was 
placed  beneath  a  tree,  from  which  a  rope  was  already 
swinging.  The  rope  was  then  adjusted  about  his  neck, 
and  he  was  informed  that  his  life  would  be  forfeited 
unless  he  complied  with  their  demands  in  regard  to 
Stapleford's  property.  This  he  refused  to  do.  Two 
or  three  times  he  was  swung  in  the  air  and  lowered, 


I'M 


472 


COUNTRY  CO\DnTTEES  OF  VIGILANCE. 


M 


until  finally  he  promised  to  do  what  was  required, 
provided  that  he  should  be  released  from  custody  and 
from  the  charge  of  felony  then  pending  against  him. 
This  was  granted,  when  he  made  full  confession, 
promised  restitution,  and  gave  account  of  what  he  held. 
He  was  then  taken  back  to  the  room  and  again  chained, 
to  await  until  morning  the  appearance  of  the  lawyer.s. 
The  sheriff  then  placed  a  strong  armed  force  about 
the  prison  to  prevent  furtlier  violence,  and  remained 
with  Deputy  throughout  the  following  day.  The  next 
morning  a  notary  was  summoned,  who  drew  up  a  deed, 
and  asked  Deputy  if  he  cheerfully  and  willingly  would 
sign  the  paper.  There  were  several  persons  present 
who  witnessed  the  proceedings,  among  others  one 
Douglass,  a  lawy  -r  called  a  man  of  rectitude.  He 
talked  with  Deputy  in  a  friendly  way,  advising  him 
to  sign  the  paper,  which  he  did,  and  whicli  Douglass 
attested.  The  acknowled<?ment  was  then  taken  bv 
the  notarv,  and  his  seal  affixed.  Not  the  slischtest 
coercion  was  used,  it  was  claimed,  the  old  man  readily 
assenting  to  whatever  was  required.  Deputy  was 
then  released,  and  all  charges  made  against  him  with- 
drawn. Immediately  upon  his  release  Deputy  went 
to  San  Bernardino,  and  there  appealed  to  the  courts, 
endeavoring  to  be  reinstated  in  possession,  but  was 
unsuccessful  in  his  application. 

The  Ku  Klux  Klan  organization,  which  achieved 
such  prominence  in  the  southern  states,  seems  to  have 
occasionally  cropped  out  on  the  Pacific  coast.  On  thr 
25th  of  August,  1868,  the  body  of  B.  S.  Templeton 
of  Visalia  was  found  hanging  from  a  tree  on  the  banks 
of  the  Tule  River,  about  thirty  miles  from  his  home. 
The  hanging  was  charged  to  the  Ku  Klux  Klan.  At 
the  same  time  mention  is  made  of  depredations  caused 
by  a  band  under  this  name  in  Sam  Valley,  Jackson 
county,  Oregon.  Their  operations  seemed  confined 
to  poisoning  cows,  horses,  and  other  live-stock,  and  to 
warning  one  or  two  citizens. 


VISALIA  AND  BAKERSFIELD. 


473 


To  cut  short  the  trickeries  of  law  by  means  of 
which  the  brothers  Tlionias  and  WilHam  Yoakum  liacl 
escaped  punishment  for  one  murder,  and  seemed  b}- 
new  trials,  change  of  venue,  and  other  court  diver- 
tisemcnts  about  to  clear  themselves  from  unotlnir, 
seventy -five  of  the  people  of  Bakersfield — some  say 
forty — on  the  28t]i  of  May,  1878,  forced  open  the  jail 
door,  covered  the  officers  with  their  guns,  entered  the 
cells  of  the  Yoakunis,  and  hanged  them  there.  There 
was  much  shooting  in  this  affair,  one  of  the  jirisoners 
receiving  five  balls  before  he  was  hanged,  and  several 
of  the  vigilants  were  wounded,  unintentionally,  by 
their  associates.  Though  chained  to  the  bottom  of 
their  cells,  the  Yoakums  fought  desperately  before 
yielding.  Two  men,  William  Johnson  and  Hamilton 
.1,  Tucker,  had  Leen  their  victims,  killed  more  tlian  a 
month  previous  on  account  of  a  quarrel  growing  out 
of  mining  matters. 

On  the  24th  of  December,  1872,  Charles  Allen, 
proprietor  of  a  saloon  in  Visalia,  was  shot  by  on(,' 
James  McCrory,  between  whom  and  himself  an  in- 
timate friendship  had  apparently  existed,  Allen  having 
shown  McCrory  every  kindness,  even  to  giving  liim 
8100  a  few  hours  previous  to  his  death.  There  was 
not  the  slightest  provocation  for  the  murder.  Allen 
asked  McCrory  what  he  and  another  man  were  quar- 
relling about,  when  McCrory  replied,  "  I  would  just 
as  soon  shoot  you  as  anybody  else!"  and  immediate^ 
l(j\-elled  at  him  the  revolvers  which  he  lield  in  each 
hand.  Allen  implored  him,  "  For  God's  sake,  don't 
slioot  me!  i  .  i  unarmed!"  but  McCroiy  fired  several 
shots,  until  assured  of  his  victim's  death.  McCrory 
was  arrested  by  the  sheriff  and  lodged  in  jail.  He 
was  a  desperate  character,  and  although  u[ton  several 
trials  for  murder  convincing  proof  had  been  presented, 
lio  had  always  been  acquitted.  The  people  were  now 
unwilling  to  trust  again  to  the  law,  and  on  the  fol- 
lowing morning  the  Vigilance  Committee  entered  the 
jail  and  forced  McCrory  to  his  place  of  execution,  a 


m 


\ni 


m 


474 


COUXTRY  COMmXTEES  OF  VIGILANCE. 


bridge  in  the  vicinity.  Before  the  crowd  dis})crsed  a 
collection  was  made  to  defray  the  expenses  of  the 
burial.  During  the  winter  of  1873-4  a  new  Vigilance 
Connuittec  was  orwinized  at  Visalia  for  Tulare  and 
adjoining  counties.  Owing  to  the  watchfulness  exer- 
cised by  the  inhabitants  of  the  coast  counties,  liordes 
of  highwaymen,  horse-thieves,  and  cutthroats,  were 
driven  back  into  the  Tulare  region,  which  led  to  active 
measures  by  the  people  of  that  vicinity.  Following 
this  movement,  many  Mexicans,  and  indeed  all  of 
every  nationality  who  could  not  satisfactorily  account 
f(tr  themselves  and  the  method  of  their  living,  wore 
directed  to  go,  lest  worse  should  befall  them. 


Ycry  prompt  to  form  and  ver^'  efficient  was  the 
Santa  (  lara  Vigilance  Committee,  organized  to  act  in 
concert  with  the  Committee  of  San  Francisco.  Here- 
with I  give  a  copy  of  proceedings  at  their  lirst 
meeting : 

"At  a  meeting  of  the  citizens  of  Santa  Clara,  held  pursuant  to  publii; 
iiotior,  !Mr  Joel  Cliiyton  was  called  to  the  chair,  and  Mr  II.  Bucknor  appointed 
Becrotary.  Mr  Piersun  addressed  the  meeting,  and  statea  the  object  to  he  to 
take:  iiioasiircs  to  act  in  concert  with  and  approve  the  proceedings  of  the 
Vigilance  Committee  of  the  eiti;:cns  of  Si;n  Francisco,  and  olVercd  the  follow- 
ing resolutions,  which  were  unanimously  adopted: 

"  '  li't'siilreil,  thiit  we  deeply  sympathize  with  the  citizens  of  San  Franciscn 
in  their  los.ses  sustained  by  the  late  (ires ;  that  as  wo  believe  the  late  disastrous 
fjren  tu  have  been  the  work  of  a  regular  band  of  thieves  and  iuccniliaries  too 
fiendish  and  dangerous  to  bo  suffered  to  prowl  about  Sau  I'^'aneisco :  that  as 
M'e  believe  our  interests  arc  identified  with  Lhe  sustaining  of  tiiat  city,  we 
■will  heartily  second  and  assist  the  citizens  to  detect,  bring  to  justice,  and 
puniah  the  scoundrels  that  infest  that  city;  thiit  we  considei'  the  hanging  ol 
the  notorious  burglar  and  thief  .lenkins  entirely  jiistiliable,  and  in  our 
opinion  it  is  the  shortest  and  only  way  to  save  the  lives  and  property  of 
citizens ;  that  we  hereby  call  upon  the  Vigilance  Committee  of  .San  Francisco 
to  transmit  to  the  Vigilance  Committee  of  this  place  descriptions  of  suspccti.'d 
desperadoes  whenever  they  sliall  hereafter  leave  that  vicinity ;  that  we  call 
upon  the  press  of  Sau  Francisco  to  publish  these  resolutions,  and  assure  their 
citizens  tliat  if  a  vigorous  cfTort  should  be  made  to  free  themselves  from  tlir 
pest  we  will  come  to  their  assistance  en  mastc  if  necessary. ' 

"  Mr  Gates  then  moved  that  those  present  form  themselves  into  a  Vigil- 
ance Committee,  which  motion  was  unanimously  adopted,  and  the  chairman, 
Mr  Clayton,  elected  president  of  such  committee,  and  Mr  Gates  secretary. 


■■■r  S,: 


SANTA  CLARA  AND  SAN  JOSl^: 


475 


On  motion  of  Mr  Gates  a  committee  of  five,  consisting  of  Mr  Picrson,  Captain 
Hush,  Mr  Buckncr,  Colonel  Davis,  and  Mr  Buflu'u,  were  appointed  to  draft 
resolutions  and  rules  to  govern  tlio  action  of  the  Vigilanu(!  Committee;  whort!- 
upon  the  meeting  adjourned  to  Timrsday  evening,  the  'JOtli  in.st. 

"JoKL  Clayton,  Chairman. 
"R.  B.  Bi'CKNEU,  Serntary. 

"Santa  Clam,  June  25,  lSr>l." 

At  a  meeting  licld  a  few  days  afterward  constitu- 
tion and  by-laws  w-erc  ado[)te(l,  and  the  organization 
was  completed.  Scarcely  a  singlt'  citizen  lefusi'd  to 
join  the  association.  One  of  their  first  acts  was  no 
less  nnicjne  than  energetic.  A  notorious  character  was 
arrested  for  theft  by  the  civil  authorities  and  put  under 
honds  to  await  his  trial.  The  Vigilance  Connnitt.ee 
bailed  him  out,  gave  him  a  thorough  Hogging,  and  tlien 
returned  him  to  the  custody  of  the  law. 

At  San  dose  in  October,  18;")!,  two  Hispano-Cali- 
fornians,  father  and  son,  arrested  for  cattle-stealing, 
were  tried,  convicted,  and  sentenced  by  a  peo[)li!'s 
jui-y  to  receive  twenty-six  lashes  each.  The  old 
man's  head  wiir  white  and  his  bodv  bent  with  a-jfe; 
the  son  was  a  manly  f(>ll(»w,  straight  as  a  forest  tree, 
athletic,  in  the  full  vigor  of  manhood,  with  a  bold 
front  and  an  unilinching  eye.  When  judgment  was 
})ronounccd  he  rose  to  his  feet  and  begged  one  boon 
of  his  indcrcs.  For  himself  he  asked  notliin^  -Init 
that  old  man,  his  father:  surely,  if  tlioy  were  sons 
thcMnselves,  and  not  bastards,  they  would  let  him  take 
the  whole  punishment,  and  suffer  in  tlie  old  man's 
stead.  The  proposition  of  the  son  was  considered  by 
the  Committee,  and  a  resolution  introduced  that  the 
sentence  of  the  father  should  Uv,  remitted,  and  that 
lie  should  be  handed  over  to  the  authorities.  Nor 
would  the  Committee  take  advantage  of  the  son's 
]iroposal  to  augment  his  sentence.  The  trial  of  the 
tiither  in  court,  made  with  more  deliberation  and  a 
fuller  cognizance  of  facts,  revealed  the  truth  that  his 
sentence  had  been  disproportioned  to  liis  crime,  and 
he  was  released  with  only  a  fine  of  five  dollars. 


}?<r 


r 


470 


COUNTRY  COMMITTEES  OF  VTOILAXCE. 


It  was  an  oxtrcmcly  difficult,  matter  for  the  native 
population  of  California  to  understand  that  it  was 
very  wrong  to  steal  horses.  That  is  one  reason  why 
so  severe  a  penalty  was  inflicted  for  this  crime.  In 
llieir  early  times  they  had  been  accustomed  to  catcli 
and  sad<lle  almost  any  horse  running  at  large.  It  was 
the  thing  to  do  to  return  the  horse  or  to  leave  another 
in  its  stead,  but  the  owners  of  ranclios  were  not  often 
jiarticular  about  a  horse  or  two  more  or  less.  Said 
J3errasio  Berryessa,  when  about  to  be  executed  by 
the  Vigilance  Committee  of  San  Josd  July  21,  1854, 
for  stealing  horses,  "My  countrymen,  you  must  all 
leave  here;  it  is  no  longer  a  tit  place  for  you  I" 

In  the  spring  of  1850  Mariano  Hernandez,  a  Mexi- 
can horse-thief  and  highwayman,  was  captured  and 
confined  in  San  Jose  jail.  His  arrest  was  made  on  the 
suspicion  that  he  had  murdered  a  man  named  John 
Foster,  who  had  lived  in  one  of  the  upper  counties, 
nnd  had  robbed  him  of  twenty  thousand  d(jllars.  A 
^Ir  Savage  had  come  to  San  Jose  for  the  purpose 
of  having  Hernandez  taken  for  trial  to  the  county 
where  the  murder  had  been  committed.  Savage  was 
a  neighbor  of  Foster,  and  had  deposited  money  with 
him,  which  was  lost  by  the  robbery.  Before  Hernan- 
dez could  be  removed  he  must  be  brought  before  the 
judge,  and  while  on  the  way  he  escaped.  Savage  was 
greatly  incensed,  and  openly  accused  the  sheriff  and 
the  judge  of  having  accepted  money  from  the  jjrisoncr 
as  a  bribe  to  release  him.  The  people  talked  of 
hantjino'  the  o^cials.  Savage  threatened  if  somethinsjf 
was  not  done  le  would  lead  a  band  of  armed  Indians 
against  the  t  vn.  In  the  mean  time  Hernandez  was 
pursuing  his  \  lainous  course  in  other  sections  of  the 
country,  but  i  Monterey  was  again  arrested.  He 
was  sentenced  t  be  hanged,  and  narrowly  escaped  with 
his  life ;  he  wai  suspended  from  a  tree,  but  the  rope 
broke,  and  that  circumstance,  with  the  timely  inter- 
cession of  a  priest,  secured  his  pardon.    However,  the 


S^VNT.\  CRUZ  AND  MONTERKY. 


477 


icpriovc  served  hut  little  purpose,  for  at  Santa  Crux, 
he  was  seized  by  the  Vinfihiiice  Committee  for  some 
criniiiial  act,  and  was  hunted  by  them  on  the  20th 
of  July,  1852. 

On  the  next  ni,i;ht  this  same  Committee  in  Santa 
Cruz  hanged  anotluT  ^Mexican.  He  was  taken  from 
jail,  where  he  was  awaiting  his  trial  for  horse-stealing. 
The  ])risonc;r  made  a  confession  just  previous  to  liis 
(.'xecution  in  which  ho  imjillcated  others  of  his  country- 
nicu.  Search  was  inunethately  made  for  them.  One 
was  captured — a  hardened  wretch,  who  boasted  of 
having  killed  several  Americans.  His  trial  and  execu- 
tion (piickly  followed  his  arro«t.  He  exhibited  uo 
fear,  walking  with  a  fl'-m  step  to  the  gallows. 

Oil  the  I  Ith  of  January,  185;3,  the  V^igilance  Coni- 
uiittee  of  Santa  Cruz  ordered  that  three  thieves  should 
receive  from  twenty  to  fifty  lashes,  and  be  banished 
the  town,  and  that  should  they  return  it  would  l»e 
under  j)enalty  of  death. 

It  was  neither  a  profitable  nor  pleasing  position, 
that  of  member  of  the  ^Monterey  Vigilance  Com- 
mittee, for  when  they  hanged  a  villain  twenty  other 
\illains  narrowly  watched  tlie  hangman,  swearing 
vengeance.  ]\[()re  than  one  member  of  this  associa- 
tion in  18.")G  died  out  of  his  bed.  ]Murder  liad  become 
so  bold,  however,  that  there  was  no  hel[)  for  it.  If 
we  may  cretlit  D.  11.  Ashley,  subsequently  United 
States  Senator  from  Nevada,  by  actual  count  there 
had  been  connnitted  in  and  round  Monlerev  durinix 
tliree  years  sixt3'-three  murders,  without  one  judicial 
execution.  Bullets  ilew  from  town-houses  and  solitary 
thickets.  Mail  riders  were  shot  so  frequently  that 
for  once  in  the  history  of  our  country  the   service 


Went  bcsfGfmix. 


In  the  early  part  of  February,  1858,  there  lay  in 
the  ja"  at  Monterey,  under  sentence  of  death,  a  Span- 
iard named  Anastasia,  who  had  been  convicted  of  one 
nuirder  and  had  confessed  to  another.  The  crime  for 
which  he  was  imprisoned  was  the  killing  of  an  old 


478 


COUNTRY  COMMITTEES  OF  VIGILANCE. 


i 


\ 


i| 


I: 
r 


jr,   r 


man,  whoso  cabin  he  had  feloniously  entered  with  an 
Indian.  The  old  man  was  a  Mexican  sheep-herder  in 
Chalama  Valley,  Fresno  county,  and  had  in  his  pos- 
session one  hundred  dollars,  for  which  he  was  mur- 
dered, being  shot  twelve  times  and  his  skull  broken. 
A  jury,  composed  equally  of  Americans  and  Mexicans, 
condemned  Anastasi  to  be  hanged  on  the  12th  of 
February ;  but  two  days  before  that  time  a  document 
was  received  by  the  sheriff  from  Governor  Weller 
granting  a  respite  from  death  for  several  days  to  one 
Anastasi  Jesus.  As  Josd  Anastasi  was  the  only 
person  in  the  Monterey  jail  under  sentence  of  death, 
the  respite  was  clearly  intended  for  him;  at  least  such 
was  the  conclusion  of  the  sheriff.  The  under-sheriff, 
however,  incited  and  sustained  by  a  large  number  of 
the  most  inhuential  inhabitants,  took  a  different  view 
of  the  matter,  arguing  that  the  misnomer  in  the  re- 
prieve was  fatal  to  its  ler^ality,  and  that  unless  the 
sentence  of  death  should  l»o  executed  on  Jose  Anas- 
tasi on  the  day  fixed  he  probably  would  escape 
punishment  altogether.  The  under-sheriff  therefore 
assumed  the  responsibility  of  proceeding  with  the 
execution,  and  Anastasi  was  duly  hanged.  Governor 
Weller  was  greatly  incensed,  and  when  the  under- 
sheriff  wrote  him  on  the  subject  the  governor  re- 
sponded in  an  angry  and  undignified  communication, 
denouncing  the  course  of  the  deputy  in  the  most 
violent  terms.  The  under-sheriff  was  sustained  by 
the  citizens,  by  whom  the  whole  course  of  the  gov- 
ernor was  strongly  conde.nned.  They  felt  that  Josd 
Anastasi  was  legally  convicted  and  under  sentence 
of  death;  he  had  confessed  not  only  the  commission 
of  the  murder  for  which  he  had  been  tried,  but  also 
another  one;  there  was  a  question  as  to  the  legality 
of  the  reprieve,  there  was  none  as  to  the  legality  or 
justice  of  the  sentence;  and  lastly,  had  the  day  of 
execution  passed,  pursuant  to  a  document  that  was 
null  and  void,  there  were  serious  doubts  as  to  whether 
the  prisoner  could  ever  be  executed  under  that  con- 


MATTHEW  RILEY. 


470 


viction,  and  the  blunder  might  result  in  turning  a 
desperate  criminal  loose  upon  society.  This  is  called 
the  first  legal  execution  in  Monterey  county  under 
American  rule,  and  in  the  minds  of  many  there  re- 
mained the  question  whethci*  this  was  legal. 
Says  the  Pajaro  Times  of  February  13,  18G4: 

' '  The  people  of  Monterey  county  are  in  earnest  about  ridding  themselves  of 
the  thieves  and  cutthroats  who  infest  that  section  of  tlie  country.  Last  week 
iu  Nati\'idad  the  citizens  formed  themselves  into  a  vigilance  committee  and 
tried  three  CalLfomians — two  brothers  named  Lopez  and  one  man  whose  name 
we  did  not  learn.  One  of  the  brothers  and  lie  of  the  unknown  name  were 
foimd  guilty  of  various  robberies  and  depredations,  and  on  Monday  last  were 
l)ublicly  whipped  and  sent  to  jail.  The  elder  of  the  Lopez  brothers  was  ad- 
jiiilged  guilty  of  murder  and  forthwith  hanged.  Beside  several  other  murders 
charged  against  Lopez,  he  killed  a  Chilean  some  months  since  for  an  old 
s;iddle  and  sack  of  barley.  The  whole  family  is  said  to  be  of  a  wicked  nature. 
The  father  was  sentenced  to  death  and  hanged  some  years  since  in  this  county. " 

There  were  many  cases  illustrating  how  the  spirit 
of  self-government  wavt-red  between  vigilance  and 
inobocracy.  On  the  desert  border  of  southern  Califor- 
nia lived  Matthew  Riley,  who  along  in  the  early  fifties 
became  quite  famous  as  a  leader  of  men  and  a  manipu- 
lator of  power.  Sometimes  the  men  were  not  all  of 
the  best,  and  the  power — well,  while  the  quality  of  it 
was  not  equal  in  purity  and  directness  to  that  engen- 
dered by  steam  or  eb^ctricity,  it  was  no  whit  below 
what  is  manufactured  to-da'^  for  our  governors  and 
presidents  by  thick-headed  Africans  and  unwashed 
Europeans.  It  is  scarcely  fair  to  charge  all  wrong- 
doing to  the  devil,  and  credit  all  right-doing  to  a 
higher  power,  because  in  the  so-called  special  province 
of  the  latter,  wo  find  poorly  done,  or  left  undone,  mat- 
ters of  which  omnipotence  can  scarcely  be  proud. 

Matthew  Riley  was  about  five  feet  seven  inches  in 
height,  compactly  built,  broad-shouldered,  with  flesh 
as  solid  as  lead.  He  knew  how  to  command  men, 
whether  in  the  direction  of  business  or  fighting.  To 
the  former  he  brought  a  fair  education  and  average 
ability,  which  secured   him  a  moderate  fortune;   as 


J^S 


480 


COUNTRY  COMMITTEES  OF  VIGILANCE. 


auxiliary  to  the  latter  he  had  a  score  or  two  of  men 
of  active  and  muscular  organisms  always  at  his  call, 
with  no  end  of  political  and  office-seeking  backers. 
Thus  it  was  that  in  any  canon  or  at  any  cross-roads, 
no  less  than  in  court  or  camp,  Mat  could  hold  a  Lib- 
erty Fair,  or  play  a  game  of  Eternal  Justice,  on  short 
notice. 

By  attending  closely  to  his  duties  and  privileges  as 
a  favored  citizen  of  a  thrice  favored  republic,  as  every 
true  man,  every  intelligent  and  progressive  lover  of 
freedom,  is  bound  to  do,  he  had  always  on  hand  read}^ 
for  immediate  use  a  large  store  of  power,  social,  polit- 
ical, judicial,  ecclesiastical,  mechanical,  or  of  whatso- 
ever kind  or  quality  which  might  at  the  moment  be 
in  demand.  Whosoever  went  wronjj  Mat  or  his  men 
would  set  right;  he  who  persisted  in  wrong -doing, 
by  Mat  or  his  men  was  quite  certain  to  have  his  nose 
or  neck  twisted.  What  was  ritjhtand  what  wronc: 
— there  was  sometimes  a  question;  but  not  often. 
What  priest,  or  politician,  or  merchant  is  there  who 
fails  to  lind  right  on  the  side  of  his  bread  that  is  but- 
tered? Mat  was  a  great  judge.  He  was  a  judge  of 
men,  a  judge  of  morality,  a  judge  of  justice.  His 
followers  were  not  all  of  them  so  clear-headed,  and 
several  times  brought  themselves  and  their  master 
into  tiouble.  Tliev  would  sometimes  find  themselves 
at  the  wrong  end  of  a  legal  sequence,  though  as  a 
rule,  like  the  wise  and  wily  ones  of  the  present  dispen- 
sation, they  found  law  too  great  and  good  a  thing  to 
be  ignored  or  crushed.  So  Mat  and  his  men,  like  any 
other  of  tlie  kings  who  stalk  about  over  this  confed- 
eration— money  kings,  piety  kings,  political  kings — 
used  law  when  it  suited  their  purpose ;  if  it  did  not 
they  coolly  kicked  it  out  of  the  way — differing  in  their 
way  of  doing  it  from  our  present  legislators  and  jus- 
tice-jugglers in  this  respect,  that  whereas  these  latter 
are  exceedingly  sanctimonious  in  their  worship  of  law, 
are  exceedingly  circumspect  in  their  position  before  the 
law,  taking  care  always  to  avoid  the  risk  of  prison  walls 


liJ 


1 


THE  MISCHIET  OF  IT. 


481 


e  of 
His 
and 
ister 


pen- 
to 
any 
ifecl- 


in  their  rascalities,  Mat,  >vlio  made  the  men  that  made 
the  laws,  could  not  understand  why  he  should  stand 
on  much  ceremony  with  so  cheap,  unstable,  weak, 
flims}',  and  fickle  a  thing  as  law.  And  as  for  justice, 
what  and  where  is  it,  in  earth,  heaven,  or  hell  ? 

In  due  time  the  business  of  horse-stealing  became 
so  bad  thitt  few  artists  cared  to  follow  it.  It  was  easy 
enough  to  gather  in  stock,  but  difficult  to  dispose  of 
it.  Mat  and  his  men  could  smell  a  horse-thief  miles 
away,  so  tliat  the  most  of  the  unhanged  in  that  vi- 
cinity cither  reformed  or  moved  away.  They  were 
very  efficient  at  any  kind  of  detective  work,  five  or 
six  of  them  being  able  at  any  time  to  accomplish  more 
in  brniging  criminals  to  justice,  and  in  executing  them, 
than  all  the  constables,  sheriffs,  lawyers,  judges,  and 
jails  in  three  counties.  True,  this  boomerang  of 
equity  and  material  morality  sometimes  flew  back  and 
killed  a  man  or  two,  once  even  striking  the  chief; 
l>ut  as  a  rule  it  was  thrown  true,  and  striking  tlie 
mark  fairly  brought  down  its  victim  without  recoil. 

It  is  a  fact  of  which  sensible,  rifjlit-thinkinjj  Amer- 
icans  can  scarcely  be  proud,  that  our  most  worshipful 
and  highly  prized  machinery  for  guarding  life  and 
property,  for  making  men  and  women  moral  and  keep- 
ing them  so,  can  so  easily  be  outdone,  a  hundred-fold, 
l>y  a  few  commonplace  men  of  practical  ability.  These 
cumbersome  contrivances,  many  of  them  relics  of  bar- 
barism or  of  feudalism,  are  to  a  great  extent  mere 
machines  for  defrauding  the  public,  defeating  the 
right,  and  demoralizing  natural  and  manly  sentiments, 
and  all  under  the  name  of  justice.  For  the  advance- 
ment of  religion  men  used  to  commit  the  most  heinous 
crimes.  For  the  advancement  of  education  men  now 
gather  each  year  a  great  fund,  and  after  taking  three 
fourths  of  it  to  fill  their  pockets,  the  remainder,  with 
much  chattering,  like  learned  monkeys,  they  employ 
in  teaching  children  to  follow  in  their  footsteps.  To 
permit  our  children  to  grow  up  in  ignorance,  truly  is 
bad;  but  by  daily  example,  if  not  indeed  by  precept. 

Pop.  Tbib.,  Vol.  I.   81 


I 


488 


COUNTRY  COMmiTEES  OF  VIGILANCE. 


.4 


to  teach  them  dishonesty,  and  bring  them  up  to  bribery, 
trickery,  and  the  many  phases  and  colors  of  modern 
rascahty,  is  infinitely  worse.  There  are  many  cities 
and  counties  in  this  republic,  where  if  a  Mat  Riley 
and  six  men  were  always  stationed,  ready  to  seize  and 
hang  any  lawyer  caught  in  perverting  justice,  any 
judge  swayed  in  his  duty  by  fear,  favor,  or  any  social 
or  political  desires,  any  legislator  or  member  of  a  board 
selling  their  vote  or  influence  for  coin,  or  any  person 
engaged  in  the  rascalities  of  current  affairs,  would  be 
a  great  and  most  efficient  blessing,  a  benefaction  to 
society  superior  to  all  courts,  law-makings,  and  peni- 
tentiaries. In  the  end,  Mat  Riley  came  to  grief.  It 
may  be  he  killed  too  many,  or  not  enough;  in  any 
event,  were  he  now  living  he  would  have  plenty 
to  do. 

On  Tuesday,  the  23d  of  August,  1859,  at  midnight, 
two  men  were  executed  in  the  woods  of  Santa  Bar- 
bara. They  were  Francisco  Badillo,  aged  eighty,  and 
his  son,  fourteen  years  of  age.  Their  horse-thieving 
achievements  were  notorious,  but  the  course  pursued 
by  the  mob  was  strongly  censured.  On  the  following 
'day  the  coroner  and  jury  proceeded  to  the  spot  where 
the  bodies  were  hanging  and  received  the  testimony 
of  Badillo's  sons,  eleven  and  thirteen  years  old.  An 
excited  crowd  of  native  Californians  had  gathered, 
and  threats  of  vengeance  were  muttered  against  the; 
Americans.  George  Nidever,  a  crippled  youth  riding 
by,  was  suddenly  pointed  out  by  the  younger  ot" 
Badillo's  boys  as  one  of  the  murderers,  when  tlio 
enraged  law-abiders  stabbed,  shot,  and  clubbed  tho 
poor  fellow  until  he  lost  consciousness.  Several  per- 
sons were  arrested  for  assaulting  Nidever,  but  were 
ncquitted,  as  were  also  George  and  John  Nidever, 
and  others  arrested  on  suspicion  of  the  death  of 
Badillo. 

The  following  report  was  made  by  the  grand  jury 
to  the  court  of  sessions  September  17,  1859: 


SANTA  BARBARA. 


483 


"In  the  case  of  the  people  of  the  state  of  California  versu/t  J.  Xidever 
and  others,  charged  with  murder,  there  were  thirty  witnesses  sought  for 
and  obtained  in  different  parts  of  the  county,  and  all  the  testimony  that  could 
be  brought  to  bear  upon  the  case,  cither  directly  or  indirectly,  was  obtained. 
There  were  such  numbers  of  contradictions  and  alibia  proven  as  rcndcrcl  the 
testimony  in  favor  of  the  state  entirely  worthless ;  consequently  there  was  '  no 
bill  found.'  In  the  cases  of  F.  Sayba,  J.  Guticruz,  Lugo  and  R.  Zuriba, 
charged  with  assaulting  and  shooting  George  Nidever,  there  were  '  no  bills 
found.'  Tlie  positive  evidence  given  in  respect  to  two  of  those  cases  by 
Russell  Heath  and  James  L.  Ord  was  positively  disputed  in  toto  by  the  evi- 
dence of  Jo3i5  Dolores  Garcia.  The  undersigned  believe  the  testimony  of 
the  first  two  witnesses  to  be  true ;  we  also  believe  the  testimony  of  the  latter 
to  bo  false.  The  persons  who  a  little  more  than  a  year  since  robbed  and  mur- 
dered the  Basques  on  their  way  up  the  country  would  not  have  been  punished 
but  for  the  people  of  San  Luis  Obispo,  who  summarily  hanged  them  by  the 
necks.  Cases  of  horse  and  cattle -stealing,  almost  without  number,  have 
within  the  last  five  years  been  brought  to  the  notice  of  our  courts;  yet  in 
almost  every  instance  imprincipled  petit  juries  could  easily  be  drummed  up 
who  would  not  hesitate  in  bringing  a  verdict  of  not  guilty,  though  the  offence 
liad  been  so  clearly  proven  that  it  did  not  admit  of  a  single  doubt.  Even 
those  who  seek  ofiice,  with  now  and  then  an  exception,  absolutely  humiliate 
and  degrade  themselves,  either  by  lavish  proniLscs  to  tlie  corrupt,  who  hold 
the  influence,  or  by  panderuig  to  a  set  of  rullians.  Our  elections  are  a  farce, 
and  an  insult  to  common-sense ;  scores  of  hombros,  of  all  grades  inid  colors, 
are  brought  in  front  of  the  polls,  whose  intenigence  and  education  would  not 
comiiaro  with  the  slaves  of  the  southern  states ;  yet  these  same  hombres  re- 
ceive sealed  votes,  either  from  the  hands  of  the  influential  or  their  employes, 
and  without  opening  them  or  examining  their  contents  put  tlicm  in  the 
ballot-box.  Since  the  sitting  of  this  grand  jury  the  foreman  has  had  his  life 
threatened  by  outside  vile  ruffians.  In  conclusion,  we  propose  to  allude  to  the 
state  of  society  as  it  here  exists  in  connection  with  the  execution  of  the 
laws.  In  a  republican  government  like  ours,  our  system  of  jurisprudence  is 
established  on  the  broad  supposition  that  at  least  the  majority  of  the  people 
arc  notoriously  honest,  and  always  ready  to  maintain  the  supremacy  and 
majesty  of  the  law,  and  to  assist  the  courts  in  its  execution.  In  most  com- 
munities such  is  the  case.  We  deeply  regret  to  be  obliged  to  assert  that  in 
this  county  it  is  widely  different.  We  are  of  the  unanimous  opinion,  so  far 
as  this  coimty  is  concerned,  that  the  courts,  in  consequence  of  the  notorious 
bad  characters  that  are  frequently  summoned  and  impanelled  to  servo  as 
petit  jurors,  are  entirely  powerless  in  punishing  crime.  Thieves  and  villains 
of  every  grade  have  been  from  time  to  time  upheld,  respected,  fostered,  and 
pampered  by  our  influential  citizens,  and  if  need  be,  aidetl  and  assisted  in 
escaping  from  merited  punishment  due  to  their  crimes.  Characters  similar 
to  those  just  named  have  frequently  been  seen  sitting  beside  tlie  wealthy  and 
influential  in  their  carriages  traversing  our  streets,  or  mounted  on  the  richly 
caparisoned  steeds  of  these  same  persons.  The  virtuous  and  the  prostitute, 
the  cattle-thief  and  the  influential,  have  been  too  often  seen  mingling  to- 
gether at  parties  and  Imlls.     In  fact  it  is  with  deep  regret  that  we  arc  com- 


4M 


COUNTRY  COMMITTEES  OF  VIGILANC]! 


pelled  to  publish  the  fact  to  tlie  world  that  the  ruling  population  make 
little  or  no  distinction  as  to  the  character  of  their  associates ;  if  there  is  any 
preference  it  is  in  favor  of  the  vicious.  Offences,  thefts,  and  villainies  in 
defiance  of  the  law,  of  every  grade  and  char.cter,  from  the  horse  and  cattle- 
thief  to  the  highway  robber  and  midnight  ■ssassin,  have  dwelt,  to  our  knowl- 
edge, for  the  last  five  years  in  our  very  midst.  Whenever  those  crimes  have 
been  perpetrated  on  the  persons  of  honest,  industrious,  and  good  citizens,  the 
tranquillity  of  the  public  mind,  so  far  as  the  iniling  population  was  concerned, 
would  not  be  disturbed. 

"Only  three  years  since,  an  American  by  the  name  of  Moore  had  quietly 
settled  in  Montecito,  had  erected  his  humble  cabin,  and  had  industriously 
engaged  in  fencing  a  field  and  sowing  a  crop  in  order  to  gain  an  honorable 
support.  He  was  basely  murdered  while  asleep  by  having  his  throat  cut 
from  ear  to  ear,  and  left  to  welter  in  his  gore ;  yet  the  tranquillity  of  the 
ruling  population  was  not  in  the  least  disturbed.  Neither  they  nor  their 
officers  apiwarcd  to  take  the  least  interest  m  ferreting  the  perpetrators  of 
the  crime  and  bringing  them  to  justice;  and  had  it  not  been  for  private 
American  citizens,  who  had  him  buried  with  their  own  means,  so  far  as  the 
authorities  are  concerned  he  would  have  been  left  like  a  wild  beast  to  rot 
where  he  was  murdered.  One  of  the  perpetrators  of  that  crime  has  since  been 
hanged,  not  by  the  actions  of  our  courts,  to  which  he  fled  for  protection  for 
other  crimes,  but  by  the  sovereign  people  of  8an  Luis  Obispo.  Previous  to 
his  execution  he  confessed  to  that  and  a  number  of  other  heinous  crimes.  Wc 
could  go  on  from  page  to  page  and  enumerate  the  evils  under  which  wc 
sufTor,  sufTice  it  to  say,  good,  iudependent,  industrious,  and  honest  citizens 
arc  not  wanted  here  by  the  ruling  powgrs.  Could  tliuy  accomplish  it,  tlicy 
would  drive  us  from  the  country,  unless  wo  would  degrade  ourselves  by 
pandering  to  their  wishes,  obeying  their  orders,  and  affiliating  with  their 

ruffians. 

"Cyrus  Marshall, 

"Foreman  of  Grand  Jury. 
"R.  Forbush,  A.  M.  Cameron,  William  Brick,  G.  Abadie,  L.  Loomis, 
Juan  Hill,  John  M.  Haskell." 


This  report  was  published  in  the  San  Francisco 
Herald,  as  the  Santa  Barbara  papers  refused  it  a  place 
in  their  columns.  Seiious  disturbances  were  constantly 
occurring,  and  the  law  seemed  powerless  to  protect 
the  rights  of  citizens.  The  Santa  Bdrbara  Gazette 
says:  "Law  there  was  plenty,  law-craft  enough  and 
to  spare,  but  organization  none  at  all,  save  a  shadow- 
ing of  that  worst  of  all  organizations,  suggested  by 
the  example  of  righteous  Los  Angeles  and  law-abiding 
San  Francisco,  a  Vigilance  Committee.  The  sheriffalty 
was  vacant.     The  mayor  had  resigned,  assigning  as 


SAN   LUIS  OBISPO. 


485 


his  motive  his  incapacity  to  preserve  order.  No  jus- 
tice of  the  peace  had  qualified.  A  county  judge  re- 
mained, fully  determined  to  maintain  the  law;  but 
not  a  constable  was  there  to  execute  a  warrant.  The 
treasurer  and  county  clerk  alone  stood  over  this  uni- 
versal wreck  of  unfilled  office  as  fitting  emblems  of  a 
costly  system  of  anarchy."  At  this  juncture  General 
Clark  was  called  upon  to  bring  a  small  detachment  of 
troops  with  him  to  Santa  Bdrbara,  the  people  urging 
that  the  mere  appearance  of  the  military  would  carry 
sufficient  moral  suasion  without  resort  to  arms.  The 
re^juest  was  complied  with  and  confidence  restored. 

In  the  absence  of  legal  authorities  a  popular  tri- 
bunal was  organized  for  the  trial  of  one  Sonoreno 
in  San  Luis  Obispo  the  7th  of  July,  1851.  Jose 
Castro  and  W.  C.  Jones  were  elected  judges,  C. 
Freeman  secretary,  and  W.  J.  Graves  prosecuting 
attorney.  It  was  agreed  that  one  half  the  jury  should 
be  native  Californians  and  one  half  Americans.  Thus 
organized  the  tribunal  proceeded  to  business. 

The  early  days  of  San  Luis  Obispo  show  a  busy 
schedule  of  crime,  and  a  running  sketch  of  some  of 
the  chief  episodes  of  its  history  will  no  doubt  prove 
interesting  and  instructive  to  the  reader : 

In  the  fall  of  1863  a  band  of  eight  or  ten  men 
rode  into  town  and  made  merry  over  the  fact  that 
they  had  just  murdered  a  pcdler  near  San  Juan  and 
appropriated  his  goods.  They  were  pursued,  one  of 
them  killed,  several  hanged,  and  the  remaining  three 
01-  four  escaped.  These  were  desperate  times;  not  a 
week  passed  but  that  the  bodies  of  murdered  men  were 
found  by  the  roadside,  and  many  a  cattle-dealer  from 
the  upper  country  met  a  secret  and  terrible  fate  in 
that  bloody  land.  Early  in  1856  a  man  named  George 
Fearless  came  down  from  San  Francisco  with  several 
thousand  dollars  and  went  into  the  stock  business 
with  a  New  Mexican  named  Jesus  Luna,  on  a  rancho 
some  fifty  miles   from   town.    After   a  few  months 


486 


COUNTRY  COMMITTEES  OF  VIGILANCE. 


Fearless  disappeared,  and  liis  Mexican  partner  said 
that  he  had  gone  to  the  states.  Soon  selling  out 
their  property  on  the  rancho,  Luna  moved  to  New 
Mexico,  and  shortly  after  his  departure  the  body  ot 
Fearless  was  found  concealed  on  the  place. 

Now  read  the  next  incident,  then  put  the  two  with 
twenty  other  like  deeds  unrecorded,  with  niatteis 
every  day  growing  worse,  and  then  say  if  vigilance 
committees  are  wrong: 

Two  Frenchmen  collected  a  band  of  cattle  and 
started  north.  They  hired  a  native  Californian  named 
Frolian  as  their  vaquero;  this  man  and  Jack  Powers 
the  gambler  saw  a  large  sum  of  money  paid  to  tlie 
Frenchmen.  On  Monday,  the  30th  of  November,  a 
horse-race  took  place  at  Santa  Margarita,  twelve  miles 
from  San  Luis  Obispo.  Frolian  left  the  service  of 
the  Frenchmen  that  day,  and  one  Nieves  Robles  ap- 
peared in  camp  and  asked  permission  to  accompany 
the  cattle-drovers  on  their  journey  as  far  as  San  Jose. 
The  proposition  accepted,  that  night  he  pointed  them 
out  a  place  to  camp  near  the  mouth  of  the  ri\'cr 
Nacimiento,  a  spot  that  has  been  baptized  in  the  blood 
of  murdered  men.  In  the  morning  some  horses  were 
missing  from  the  cahallada,  and  the  Frenchmen  rode 
out  to  hunt  them.  They  never  returned.  Weeks 
afterward  the  body  of  one  of  them  was  found,  the  skull 
perforated  by  bullets ;  the  body  of  the  other  was  never 
discovered.  Jack  Powers  and  two  Mexican  confreres, 
Linares  and  Rafael,  attended  the  horse-race  on  the 
day  before  the  murder,  and  that  evening  disappeared. 
It  was  afterward  known  that,  in  company  with  Nieves 
Robles,  they  had  killed  the  Frenchmen,  taking  froi 
one  of  them  the  sum  of  thirty-five  hundred  dollars 
They  all  returned  to  San  Luis  Obispo,  when  Nieve? 
was  arrested  and  tried,  but  finally  discharged.  Noth- 
ing was  done  with  the  others  at  that  time. 


II 


.'S 


In  May,  1857,  two  Frenchmen,   Bortolo  Baratio 
and  M.  Borel,  came  down  from  Oakland  to  reside  on 


BARATIE  AND  BOREL. 


487 


the  rancho  San  Juan  Capistrano.  Madame  Baratio 
accompanied  her  husband,  and  they  hail  two  Cahtbr- 
nian  servants.  One  evening  eight  men  came  along, 
representing  themselves  as  horse-runners,  and  wished 
to  buy  food.  The  Frenchmen  generously  supplied  them 
without  pay,  and  that  night  allowed  them  to  sleep  in 
the  building  with  their  servants.  The  next  day  one 
of  the  band,  Miguel  Blanco  by  name,  came  back  alone, 
stating  that  his  partners  were  running  horses,  and 
asked  the  privilege  of  unsaddling  his  liorse,  which 
was  allowed  him.  The  Frenchmen  were  engaged  in 
cleaning  out  a  well,  and  the  servants  were  cutting  hay 
a  little  distance  away,  but  out  of  sight.  Baratie  left 
his  partner  and  came  round  to  speak  to  the  servants, 
Blanco  remaining  by  Borel.  Baratie  soon  heard  firing 
from  the  direction  of  the  well,  and  Blanco,  having 
shot  Borel,  came  running  round  as  the  otiier  murder- 
ers rode  up,  and  fired  at  Baratie,  hitting  him  in  the 
shoulder.  Driving  Baratie  and  the  servants  to  the 
house  at  the  muzzle  of  the  pistol,  they  forced  the 
Frenchman  to  disclose  the  whereabouts  of  his  money, 
about  three  thousand  dollars,  which  they  immediately 
divided  among  the  band.  Baratid  was  then  shot  down 
before  the  eyes  of  his  wife,  and  she  herself  was  car- 
ried away  to  a  place  of  concealnuMit  in  the  mountains, 
whence  she  afterward  escaped  and  returned  to  Oalc- 
land.  The  Californian  servants  escaped  with  their 
lives  and  gave  the  alarm.  Two  of  tlie  murderers 
were  soon  afterward  caught  and  hanged  in  San  Luis, 
making  a  complete  confession  of  their  dark  deeds. 
So  bold  had  crime  become  in  San  Luis  that  villains 
were  often  heard  boasting  on  the  streets  of  theii'  bloody 
deeds,  using  such  expressions  as:  "How  the  damntid 
scoundrel  fought  for  his  life!"  or,  "Why,  he  tired  tiirec; 
shots  from  his  revolver  after  we  thought  him  dead!" 
with  reference  to  some  one  they  had  killed.  Many 
of  the  native  Californians  of  the  southern  counties 
were  in  league  with  the  nmrderers,  and  gave  thcni 
aid  and  comfort  in  every  way,  rendering  it  almost 


¥> 


Pf' 


I 


488 


COUNTRY  COMMITTEES  OF  VIGILANCE. 


impossible  for  the  ends  of  justice  to  be  attained.  The 
robbers  were  completely  organized,  with  their  signs, 
grips,  and  passwords,  and  it  was  only  the  energetic 
action  of  the  people,  striding  over  the  tangled  meshes 
of  the  law,  that  finally  broke  up  the  powerful  alliance 
and  restored  a  measure  of  safety  to  the  persons  and 
property  of  the  public. 

In  June,  Jose  Antonio  Garcia,  one  of  the  parties 
concerned  in  the  murder  of  the  Frenchmen  near  the 
Nacimiento,  was  hanged  by  the  citizens  of  San  Luis. 
He  made  a  confession  on  the  gallows,  implicating  the 
gambler  Jack  Powers  in  the  crime. 

Following  swiftly  upon  this  event  came  another, 
which  indicated  that  the  people  had  at  last  become 
aroused.  •Several  of  the  robbers  who  had  been  con- 
cerned in  the  tragedy  at  San  Juan  Capistrano,  the 
miscreant  Pio  Linares  at  their  head,  being  hard- 
pressed  by  the  Americans  who  were  pursuing  them, 
took  shelter  in  a  dense  willow  wood  on  the  Osos 
Rancho,  near  San  Luis  Obispo,  and  were  surrounded. 
The  pursuing  party  attempted  to  hunt  them  out,  but 
after  having  one  of  their  number  wounded  by  a  shot 
from  Linares,  were  forced  to  desist  on  account  of  the 
approach  of  night.  By  the  next  night  over  a  hundred 
armed  citizens  were  on  the  ground,  hemming  the 
wood  with  a  cordon  of  sentries,  and  the  next  morning 
began  to  beat  the  brush  for  the  robbers.  A  battle 
ensued,  in  which  Pio  Linares  was  killed,  and  his  two 
Mexican  companions,  both  of  whom  were  participants 
in  the  San  Juan  Capistrano  murder,  were  captured. 
The  citizens  had  one  man  killed  and  two  others 
wounded.  The  captured  Mexicans  were  openly  hanged 
in  San  Luis  the  next  day.  Considering  the  reign  of 
terror  that  had  so  long  existed  in  that  region,  and 
the  utter  powerlessness  of  the  law  to  reach  the  red- 
handed  assassins,  these  acts  of  the  Vigilance  Com- 
mittee were  not  only  justifiable  but  eminently  worthy 
of  applause. 

Nieves  Robles  was  finally  apprehended  and  lodged 


LOS  ANGELES  ORGANIZATION. 


4SG 


linge( 


Idged 


in  the  jail  at  San  Luis,  whence  ho  was  quietly  taken 
by  the  vigilants  on  the  27th  of  June  1858  and  hanged. 
He  confessed  his  part  in  the  Nacimiento  murder, 
and  his  statement  was  fully  corroborative  of  those 
made  by  his  accomplices  who  had  preceded  him  on 
the  gallows. 

Soon  after  these  occurrences  the  Vigilance  Com- 
mittee of  San  Luis  Obispo  disbanded,  considering  its 
work  accomplished. 

Among  the  Los  Angeles  archives  I  find  the  fol- 
lowing: 

"At  a  meeting  of  the  citizens  of  Los  Angeles  held  on  the  13th  of  July 
18")!  at  the  mayor's  oiBce,  to  consult  the  public  good  by  organizing  a  volun- 
tucr  police,  in  accordance  with  the  action  of  the  city  council, -B.  D.  Wilson, 
mayor  of  the  city,  was  called  to  the  chair  and  L.  Granger  appointed  secre- 
tary.    The  following  is  the  ordinance  passed  by  the  city  council : 

"First,  That  Dr  Hope  be  named  chief  of  a  body  of  police  composed  of  the 
inhabitants  of  this  city  who  may  voluntarily  think  proper  to  form  it,  which 
chief  of  police  will  bo  governed  by  the  orders  of  the  mayor. 

"Second,  Dr  A.  W.  Hope,  in  connection  with  the  mayor  and  the  previous 
consent  of  the  persons  voluntarily  joining  themselves  to  said  police,  will  [iro- 
CLcd  to  organize  said  body,  naming  the  subalterns  by  the  mayor  and  chief  of 
police. 

"Third,  The  sole  object  of  this  police  will  be  to  guard  the  security  of  the 
inhabitants  and  the  conservation  of  the  peace  in  conformity  with  the  laws  of 
the  state  and  the  last  part  of  Article  I. 

"Approved.  B.  D.  Wilson,  Mayor." 

Then  follow  the  names  enrolled.  At  a  subsequent 
meeting  officers  were  chosen  and  the  organization 
waited  orders  from  the  chief  of  police.  This  might 
l)e  called  a  vigilance  committee  organized  under  the 
auspices  of  the  law ;  for  we  may  be  sure  that  such  a 
body  would  never  let  law  stand  greatly  iu  their  way. 

In  July  1852  two  young  Americans  came  by 
steamer  from  San  Francisco  to  San  Diego,  intending 
to  purchase  stock.  One  was  named  McCoy  and  the 
other  Ludwig.  They  had  started  on  horseback  for 
Los  Angeles,  when  they  were  overtaken  by  Doroteo 
Zavaleta  and  Jesus  Rivas,  Mexicans,  who  entered  into 
conversation  with  them  in  regard  to  trading  horses. 


m 


COUNTRY  COMMITTEES  OF  VIGILANCE. 


Procccdinj;  on  their  jouniey,  the  Mexicana  ganied  the 
confidence  of  their  companions,  providing  out  of  their 
supply  meat  for  the  whole  party,  and  apparently  en- 
tertaining the  kindliest  feeling  toward  them.  But 
the  Mexicans'  only  desire  was  to  nmrder  and  plunder, 
and  one  night  they  accomplished  their  purpose.  Rivas 
asked  ^IcCoy  for  his  knife,  with  which  he  cut  two 
heavy  sticks;  then,  encamped  on  the  banks  of  the  San 
Gabriel,  the  Americans  made  preparations  for  sleep. 
Spreading  a  blanket  upon  the  ground,  they  invited  the 
]\Iexicans  to  lie  down  beside  them.  Zavaleta  devoutly 
replied  that  he  must  first  say  his  prayers.  About  two 
hours  later  the  Mexicans  approached  the  sleeping 
men  and  eacli  simultaneously  struck  one  on  the  head 
with  a  club,  and  beat  them  until  dead.  They  secured 
three  hundred  dollars,  and  their  pistols,  knives,  horses, 
and  saddles.  The  bodies  were  left  unburied.  Zavaleta 
and  Rivas  were  subsequently  arrested  at  Santa  Bar- 
bara, with  a  companion,  Carmillo,  for  horse-thieving. 
Afterward  suspicions  of  the  truth  were  excited,  and 
an  examination  was  made  by  a  committee  of  tlie 
people  at  Los  Angeles.  Carmillo  turned  state-evi- 
dence and  repeated  what  Rivas  had  told  liim  of  tliu 
murder  of  the  Americans,  and  satisfactorily  proved 
his  own  innocence.  Zavaleta  was  next  examined, 
and  after  four  or  five  hours  of  questioning  and  false 
swearing,  volunteered  a  full  confession  of  the  truth. 
His  testimony  was  afterward  substantiated  by  his 
taking  a  party  of  men  to  the  scene  of  tlie  murder, 
and  discovering  to  them  the  bodies.  Rivas'  contra- 
dictory statements  were  also  followed  by  confession. 
A  people's  meeting  war<  held  at  the  court-house  at 
four  o'clock  on  Friday  aft  rnoon,  August  Gth,  to  con- 
sider what  should  be  dory.  They  appointed  a  jury  of 
twelve  men  to  hear  aiKi  act  upon  the  testimony  that 
had  been  obtained  by  the  previous  committee,  which 
was  read  to  them  in  English  and  Spanish.  The  jury 
retired  for  a  few  minutes  and  returned  with  a  verdict 
of  guilty  of  murder  in  the  first  degree.     It  was  then 


AflASSINATION  OF  BEAN. 


401 


and 
tlio 
cvi- 
thii 
ovcd 


y  of 
:liat 
lich 
lury 
diet 
then 


voted  unanimously  tliat  tho  accused  be  hanged  the 
following  morning  at  eight  o'clock.  It  was  also  de- 
cided that  Carmillo  should  be  handed  over  to  tho 
civil  authorities.  The  sentence  passed  upon  the  con- 
denmed  was  executed  at  the  appointed  hour.  Tho 
gallows  was  erected  upon  the  summit  of  Fort  Hill, 
where  tho  men  were  conducted,  betraying  no  emotion 
of  fear  or  contrition.  After  the  priest  had  given  them 
absolution,  the  prisoners  addressed  the  people.  Their 
remarks  were  chiefly  angry  accusations  of  each  other. 
Rivas  advised  any  who  contemplated  such  crimes  as 
his,  either  to  have  no  associates  or  to  select  bravo 
men,  and  not  cowards  who  would  betray  them.  At 
the  conclusion  of  their  remarks  the  final  prepara- 
tions were  made,  and  in  fifteen  minutes  their  lifeless 
bodies  were  left  to  the  care  of  their  friends.  Zavaleta 
was  respectably  connected,  and  was  in  the  prime  of 
life.  Rivas  was  born  in  Sonora,  and  was  but  twenty 
years  of  age. 

Major-general  J.  H.  Bean,  who  had  served  both 
as  alcalde  and  mayor  of  San  Diego,  and  who  was 
greatly  respected  and  beloved  by  the  entire  commu- 
nity, was  assassinated  late  one  evening  in  Xovember 
1852  as  ho  was  returning  home  from  his  store  in  San 
Gabriel.  He  was  riding  liorseback,  when  he  was  sud- 
denly attacked  by  two  men  who  were  awaiting  his 
approach.  One  sprang  forward,  and  seizing  the  bridle 
jerked  the  horse  back  upon  his  haunches,  while  the 
other  pulled  the  general  from  the  saddle  and  threw 
him  violently  upon  the  ground.  Bean  was  a  powerful 
man,  and  though  his  assailant  was  upon  him,  he  rose 
to  his  feet  and  attempted  to  defend  himself  with  his 
knife;  but  he  was  overpowered  by  superior  dexterity, 
and  was  stabbed  several  times  by  the  ruffian.  When 
he  lay  dead  upon  the  ground  he  was  shot  by  the 
wretch,  who  rejoiced  that  he  had  destroyed  the 
life  of  one  whose  influence  and  wealth  had  been  used 
in  attempts  to  exterminate  the  class  he  represented. 


492 


COUNTRY  COMMITTEES  OF  VIGILANCE. 


As  soon  as  the  death  of  General  Bean  became  known, 
renewed  efforts  were  made  to  rid  the  neighborhood  of 
the  highwaymen  infesting  it.    A  band  of  desperadoes 
was  suspected,  and  delermined  efforts  made  to  arrest 
the  leaders  and  break  up  the  organization.    About 
this  time  the  Vigilance  Committee  of  Los  Angeles 
caused  the  arrest  of  several  Mexicans  belonging  to 
Salomon  Pico's  band,  among  others  one  Reyes  Feliz, 
a  young  fellow  fifteen  or  sixteen  years  of  age.     He 
was  convicted  and  executed  on  account  of  his  connec- 
tion with  the  band.    Feliz  made  a  confession  of  his 
crimes,  including  the  murdering  of  a  Mexican,  but 
professed  ignorance  of  General  Bean's  death,  or  of 
any   person   accessory   to   it.     Upon   the   testimony 
of  one  Ana  Benites,  a  member  of  Joaquin  Murieta's 
party,  v/ho  was  also  arrested,  the  death-blow  of  Gen- 
eral Bean  was  charged  to  Cipriano  Sandoval.    Ana 
asserted  that  Cipriano  confessed  the  murder  to  her 
immediately  after  its  occurrence,  and  she  detailed  full 
particulars.     Ilor   testimony  also  implicated   Benito 
Lopez,  and  both  were  tried,  pronounced  guilty,  and 
hanged  by  the    people.    Lopez  confessed  to  several 
murders,  and  disclosed  the  spot  where  the  bodies  of 
his  victims  were  concealed.     Cipriano  Sandoval  made 
a  few  remarks  just  previous  to  his  death,  protesting 
to  the  last  his  innocence  of  the  murder  of  General 
Bean.    Both  Feliz  and  Lopez  seemed  to  feel   that 
they  had  been  betrayed  by  Ana  Benites,  and  advised 
their  companions  not  to  put  their  faith  in  women. 
At  the  time  of  the  execution  of  Lopez  and  Sandoval, 
another  Sonoreno  was  also  hanged.   Early  that  Sunday 
morning,  December  12th,  while  walking  with  a  com- 
panion on  the  street,  he  had  stabbed  and  instantly 
killed  him.    He  was  soon  afterward  arrested,  tried  at 
once  by  the   people,  and  executed  witJi    the  other 
criminals  at  three  o'clock  in  the  afternoon.    As  was 
stated,  Cipriano  Sandoval  was  hanged  on  the  charge 
of  the  murder  of  General  Bean.    Five  years  later  the 
sad  revelation  was  made  that  he  was  not  the  nmrderer. 


LOS  ANGELES  IN  1854. 


403 


The  real  criminal,  shielded  by  rich  and  influential 
friends,  had  died  iu  his  own  home,  but  harassed 
by  the  terrible  secret,  he  had  revealed  the  truth  on 
his  death-bed,  and  the  martyred  Sandoval  was  then 
known  in  his  true  character,  as  a  simple,  ignorant, 
and  obscure  shoemaker,  who  had  worked  soberly  and 
industriously  at  his  trade  in  San  Gabriel.  Though 
the  movers  in  this  execution  were  men  of  sound  licads 
and  good  hearts,  this  fatal  mistake  shows  the  neces- 
sity of  the  utmost  caution  in  the  use  of  power. 

Insecurity  of  life,  and  immorality,  prevailed  to  an 
alarming  extent  in  Los  Angeles  in  the  year  1854. 
The  mission  natives  had  retrograded  since  left  to 
themselves,  and  continually  gambled,  drank,  and  quar- 
relled with  each  other;  so  that  in  the  morning  when 
natives  were  found  dead  in  the  streets  tlio  matter 
was  not  considered  of  sufficient  importance  to  require 
investigation.  There  were  other  classes  scarcely  su- 
perior in  many  respects  to  the  natives.  Gambling 
disputes  were  of  nightly  occurrence,  and  pistol-shots 
a  natural  consequence.  A  resident  of  Los  Angeles 
I'or  a  short  time,  says  that  while  he  was  there  ahnost 
every  night  one  murder  at  least  was  conimitted,  and 
oi'ten  two  or  three,  and  that  the  ordinary  morning 
sakitation  was,  "  Well,  how  many  persons  were  killed 
last  night?"  "Only  four;  three  Indians  and  one  Mex- 
ican," perhaps  being  the  reply.  "  We  have  received  a 
letter  from  a  citizen  of  Lo-:  Angeles,"  says  the  San 
Francisco  Herald  in  Never. iber  of  this  year,  "de- 
claring that  it  is  unsafe  to  go  out  after  dark;  and  some 
ilka  may  be  formed  of  the  reign  of  terror  that  i)re- 
vails,  from  the  fact  that  he  requests  us  to  conceal  his 
name,  as  his  temerity  in  even  complaining  of  these 
tliin'j^s  mijjht  cause  him  to  be  victimized.  If  the 
authorities  are  so  inert  as  to  permit  murderers  and 
outlaws  t^  "^un  riot,  why  do  not  the  people  of  Los 
Angeles  t,ocablish  a  vigilance  committee  and  make 
sunie  examples?     San   Francisco  was  once  qmte  as 


m- 


COUNTRY  COMMITTEES  OF  VIGILANCE. 


unsafe  as  Los  Angeles,  and  it  would  probably  be  so 
still  but  for  the  decisive  measures  taken  by  its  citizens. 
We  see  no  other  cure  for  the  dreadful  condition  of 
Los  Angeles  than  the  organization  of  an  energetic 
vigilance  committee.  One  thing  is  certain:  nothing 
could  be  worse  than  its  present  plight,  and  it  would 
therefore  be  safe  to  make  the  experiment."  The  Los 
Angeles  Star  of  the  30th  of  November  admits  the 
truth  of  the  statement  as  to  the  condition  of  the  city, 
but  denies  the  necessity  of  a  vigilance  committee. 
Having  confidence  in  their  officers,  nothing  was 
required  of  the  people,  unless  it  were  to  help  the 
officials — which  strikes  an  impartial  observer  as 
somewhat  absurd;  for  why  should  anarchy  and  riot 
reign  in  the  midst  of  efficient  officers  and  good  gov- 
ernment? 


.'■:  ^i 


There  was  one  David  Brown,  who  on  the  13th  of 
October,  without  provocation,  killed  a  companion 
named  Clifford.  He  was  arrested,  legally  tried,  and 
sentenced  to  be  hanged  with  one  Alvitrc.  The  people 
during  the  trial  organized  a  meeting,  determined 
themselves  to  trv  the  case  of  Brown,  but  were  dis- 
suaded  by  the  mayor,  Stephen  C.  Foster,  who  was 
anxious  to  give  the  courts  one  more  chance  for  f<;iccdy 
administration  of  the  law,  promising  that,  in  case  the 
prisoner  escaped  by  any  quibble  or  trick,  he  would 
resign  his  office  at  once  and  join  the  people  in  the 
summary  punishment  of  Brown.  The  citizens  wort; 
satisfied  with  the  action  of  the  court,  and  awaited 
the  execution  of  the  law.  But  on  Wednesday  tlio 
10th  of  January  1855,  an  order  from  Judge  Murray 
of  the  supreme  court  was  received,  staying  the  execu- 
tion of  Brown.  On  Thursday  evening  an  immense; 
gathering  assembled  at  the  Montgomery  Saloon,  with 
Colonel  McClanahan  in  the  chair.  Several  speeches 
were  made,  among  others  one  by  Mayor  Foster,  iu 
which  he  unequivocally  declared  himself  iu  favor  of 
hanging  Brown  and  Alvitre  together.    The  following 


Kii 


MAYOR  FOSTER  RESIGNS. 


493 


from  the  Southern  Califomian  is  an  extract  from  a 
lengthy  article  read  to  the  meeting  and  received  with 
enthusiastic  applause : 

"  Citizens  of  Los  Angeles !  '  Tis  for  you  to  say  whether  the  gross  and  out- 
rageous partiality  shall  be  allowed ;  whether  you  will  permit  so  flagi'ant  and 
glaring  an  evidence  of  the  omnipotence  of  birth  and  condition  to  op(!rato  in 
widening  still  further  the  breach  that  already  exists  between  our  native  and 
foreign  population,  so  prolific  of  future  disaster  to  the  community." 

In  speaking  of  the  trial  of  Brown,  the  editor  con- 
tinues : 

"  Our  own  court  has  done  its  duty  manfully,  unshaken  by  and  oblivious  to 
all  influences  save  those  of  law  and  justice.  The  trials  have  progressed  and 
ended,  and  richly  merited  punishment  awarded ;  and  our  citizens,  gladdened 
beyond  measure  at  this  evidence  of  a  new  order  of  things,  were  looking  for- 
ward to  a  future  fraught  with  hope  and  better  things. " 

The  next  afternoon,  Friday,  the  12th  of  January, 
Alvitre,  accompanied  by  Sheriff  Barton  with  a  large 
armed  force,  was  led  into  the  jail-yard  to  the  gallows, 
where  at  three  o'clock  he  was  executed,  though  the 
])Oor  fellow  fell  to  the  ground  from  the  noose  untying 
before  death  ensued,  and  was  obliged  to  have  the  rope 
readjusted  and  to  be  again  suspended.  Thousands  of 
l)coplc  witnessed  the  execution,  and  there  was  serious 
apprehension  that  resistance  would  be  made  to  the 
sheriff,  who  refused  to  deliver  Brown.  The  cannon 
had  bee'}  spiked  on  the  previous  night  and  every  pre- 
cautionary effect  taken  by  the  authorities.  After  the 
oxccut"u>n  «;f  Alvitre  the  scaffold  was  taken  down  and 


ioj-ce  disbanded.    The  crowd  then  gathered 
jail,  and  addresses  were  made  urging  the 


()u;-!5^.1e  \\\ 

i>cizurc  a'  4  o ccution  of  Brown.  Mayor  Foster  re- 
signed bib  Oihce,  and  incited  the  people  to  proceed. 
Captrin  Hunter  then  asked  all  in  favor  of  the  measure 
to  follow  him.  Led  by  Hunter,  Foster,  and  McClaii- 
alum,  the  crowd  moved  on  into  the  jail-yard  and  to  the 
coll  of  Brown,  where  with  axes  the  door  was  battered 
down  and  the  prisoner  brought  out.  Another  mur- 
ilcr  condemned  to  be  hanged  in  February,  was  in 
th».  t  ?ve  cell,  but  he  was  left  unharmed.    Brown  was 


496 


COUNTRY  COMMITTEES  OF  VIGILANCE. 


:.t; 


■  I 


II 

ii 


1 1 


]■  m 


conducted  to  a  large  gate-way  opposite  the  ^ourt-house, 
V'here  a  rope  was  suspended  from  the  cross-beam,  with 
ii  chair  placed  underneath.  While  Brown  stood  on 
diis  somewhat  novel  platform  having  the  rope  adjusted, 
he  kindly  informed  the  crowd  that  they  did  not  know 
how  to  hang  a  man,  and  requested  they  should  permit 
him  to  show  them.  His  cool  indifference  was  main- 
tained to  the  last,  when  he  kicked  the  chair  from 
beneath  his  feet  and  was  quickly  strangled.  A  few 
days  later  Stephen  C.  Foster  was  reelected  by  a  large 
vote  to  the  position  of  mayor,  which  he  had  resigned 
to  further,  as  he  thought,  the  ends  of  justice. 

At  Los  Ang(  l(  '^reat  excitement  arose  from  the 
rash  sliooting  of  ^  onio  Ruiz  on  the  19th  of  July 
18 56  by  a  deputy  constable  named  Jenkins,  who  met 
with  some  opposition  in  the  service  of  a  writ  of  exe- 
cution for  the  sale  of  Ruiz's  property.  Jenkins  sur- 
rendered himself  and  was  admitted  to  bail.  Next  day 
Ruiz  died,  and  the  Spanish  population  were  indignant 
that  Jenkins,  whom  they  regarded  as  a  murderer — for 
Ruiz  was  a  quiet,  well  behaved  man,  and  had  not  given 
the  officer  sufficient  provocation  to  justify  him  in  the 
killing— should  be  at  large.  Ou  application  by  tb" 
district  attorney  to  Judge  Hayes,  Jenkins  was  incar- 
cerated, but  the  people  had  by  this  time  oecome  so 
excited  that  they  threatened  the  jail. 

Ruiz's  funeral  was  the  largest  that  had  ever  taken 
place  in  Los  Angeles.  After  the  services  were  con- 
cluded, the  immense  crowd  convened  near  the  grave 
was  addressed  by  a  Frenchman  and  others,  who  threat- 
ened vengeance  on  the  Americans.  Their  threats 
were  of  such  a  character  that  the  citizens  were  noti- 
fied and  active  preparations  made  for  self-defence. 
The  following  extract  from  an  affidavit,  subsequently 
made  by  Judge  William  G.  Dryden,  shows  clearly 
what  apprehensions  were  entertained:  "About  four 
o'clock  on  Tuesday,  July  2 2d,  a  Californian  came  to 
my  residence  in  the  city  of  Los  Angeles  and  told 


THE  CITY  THREATEXED. 


407 


taken 
con- 


mc  he  had  just  learned  that  on  that  Tuesday  ni<>lit 
after  eight  o'clock  an  attack  might  be  expected  in 
tlie  city  by  the  Soiiorians,  in  connection  with  the 
French  and  some  Dutch;  that  they  were  about  six 
liundred  strong,  and  that  if  I  wished  to  save  my  life 
I  had  better  take  my  horse  and  conceal  myself  on 
some  rancho;  that  they  had  just  attempted  to  take 
liis  horse,  but  desisted  when  he  told  them  it  was  very 
tired,  being  just  from  a  rancho.  This  Califoi-nian  said 
that  the  object  of  the  attack  was  to  destroy  all  the 
Americans;  he  said  nothing  about  the  attack  on  the 
jail.  He  told  me  that  he  made  this  comnmnication 
because  he  felt  toward  me  like  a  brother.  For  four 
or  five  nights  I  com  ■  hear  the  Mexicans  riding  about 
the  streets  singing  then-  rcfranes,  the  burden  of  which 
was  of  war,  repeating  the  word  Americano;  could  fre- 
(juently  also  hear  tlie  word  vcnganza.^' 

Immediately  upon  receiving  the  above  information 
from  the  Californian,  Judge  Dryden  called  on  Judge 
Hayes,  and  together  thcjy  visited  a  conunittee  repre- 
senting the  assemblage  at  the  cemetery.  The  judges, 
accompanied  by  this  connnittee,  went  to  the  jail,  wliicli 
they  found  surrounded  by  ISIexicans.  The  sheriif's 
and  the  judges'  promises  quieted  the  peo])le,  and  they 
dispersed.  On  tiie  following  morning,  Jenkins  was 
brought  before  Judge  Hayes  foi*  preliminary  exami- 
nation. In  writing  of  this  aifair  the  judge  says: 
"Thirty  men  armed  with  muskets  insisted  upon  guard- 
ing the  court-house.  Thus  I  had  to  sit  on  this 
occasion  with  soldiers  on  the  *ut>;ido  and  this  same 
committee  occupying  the  jury-box,  to  see,  as  I  under- 
stood, that  the  judge  did  justice.  xVll  other  poisons 
were  excluded.  The  judge  and  prisoner,  his  a'torney 
and  witnesses,  one  feature  of  tlie  [jicture;  soldiers  on 
tlie  left,  a  connnittee,  to  all  intents  and  pur-poses,  on 
the  rijrht."  That  evenincc  after  the  formalities  were 
concluded,  judges  Hayes  and  Dryden  attemi)ted  to 
investigate  matters,  visiting  ^Mexicans  for  this  pur- 
pose, but  no  inlbrnuiti(in  could  be   obtained.     They 

Pop.  TniB..  Vol.  I.    'J2 


498 


COUNTRY  COMMITTEES  OF  VIGILANCE. 


«   t 


began  to  think  the  alarm  was  without  foundation, 
when  the  bright  moonlight  suddenly  discovered  the 
rendezvous,  on  the  hill,  of  a  large  force.  Only  waiting 
long  enough  to  secure  for  his  family  a  place  of  safety, 
where  already  many  families  had  congregated.  Judge 
Hayes  joined  the  citizens  who  had  armed  and  organ- 
ized. All  through  the  night  the  citizens  were  on  the 
alert;  horsemen  were  galloping  up  and  down  the 
streets,  carrying  messages  back  and  forth  from  one 
section  of  the  town  to  another.  They  would  not  be 
the  aggressors,  but  were  prepared  to  be  merciless  in 
their  retribution  if  once  attacked.  About  midnight, 
while  Marshal  Getman,  with  a  company  of  footmen, 
was  riding  near  the  hill,  where  some  two  or  three 
hundred  of  the  belligerents  were  assembled,  he  was 
attacked  and  obliged  to  retreat.  Afterward  four 
Mexicans  shot  at  him,  and  he  fell ;  then  they  rode  by, 
firing  at  him  as  he  lay  upon  the  ground.  The  attack 
having  been  made,  the  military  were  ordered  to  the 
plaza,  but,  inefficiently  organized,  they  were  some  time 
in  reaching  the  spot.  The  insurgents  in  the  mean 
time  disbanded;  their  patriotic  ardor  and  their  vindic- 
tive purposes  seemed  to  have  been  sunk  into  oblivion 
from  excessive  drink,  and  there  was  no  further  demon- 
stration made  by  them  that  night. 

The  citizens  on  the  following  day  received  reeu- 
forcements  from  El  Monte,  and  strong  military  power 
was  secured.  There  was  a  feverish  excitement  for 
some  days,  but  with  the  militia  ready  for  action,  it' 
needed,  the  fears  of  the  people  at  last  subsided. 

The  examination  of  Jenkins  by  Judge  Hayes  ic- 
sulted  in  his  being  sent  to  the  grand  jury  for  trial, 
with  bail  fixed  at  three  thousand  dollars.  At  his 
final  trial  he  was  exonerated  from  blame  and  releaseil. 


For  many  months  Los  Angeles  County  was  vic- 
timized by  organized  banditti,  probably  one  hundred 
in  number.  They  threatened  the  extermination  of 
the  Americans,  and  a  war  of  races  seemed  about  to  be 


A  LARGE  BAND  OF  ROBBERS. 


4»y 


tioii, 

the 
iting 
fety, 
udgc 
rgan- 
n  tlie 
L   the 
1  one 
lot  bo 
OSS  iu 
night, 
itmen, 

three 
le  was 
I  Ibuv 
•de  by, 
attack 
to  the 
jc  time 
mean 
indie - 

Dhviou 

lemou- 

reen- 
,  power 
Ut  for 
^ion,  it" 

res  re- 
trial, 
.t  his 

leased. 

IS  vie- 

indred 

lion  of 

to  be 


inaugurated.  Many  ineffectual  attempts  had  been 
made  for  the  arrest  of  the  leaders  of  the  gang,  which 
was  at  last  accomplished  by  the  sacrifice  of  some  of 
the  lives  of  Los  Angeles'  best  citizens.  In  January  , 
1857  one  Garnet  Hardy  started  for  San  Juan  with  a 
fine  team  of  four  American  horses.  He  reached  his 
destination  in  safety,  but  was  told  that  the  banditti 
were  in  that  vicinity  and  were  more  reckless  than 
over,  and  that  he  could  not  return  alive.  Hardy 
sent  this  information  to  his  brother  in  Los  Angeles, 
whereupon  a  party  was  organized  by  Sheriff  J .  R. 
Barton  to  start  in  pursuit  of  their  much  coveted  prey. 
William  H.  Little,  Charles  K.  Baker,  Charles  F. 
J^aley,  Frank  Alexander,  and  Alfred  Hardy  volun- 
teered their  services,  and  an  unarmed  Frenchman 
acted  as  guide.  In  the  mean  time  the  banditti  wore 
committing  robberies  and  murders  in  a  most  defiant 
manner.  Several  instances  might  be  given,  but  one 
will  suffice:  They  entered  the  house  and  store  of 
George  Flughardt,  where  they  at  once  brutally  mur- 
dered the  proprietor,  and  then,  while  securing  their 
plunder,  ordered  Flughardt's  assistant  to  serve  tlieui 
a  good  supper,  which  they  ate  with  a  relish  while  the 
body  of  their  hapless  victim  lay  outstretched  before 
them. 

On  Friday  morning  the  23d  of  January  1857,  the 
sheriff  and  his  little  force  arrived  at  Sepiilveda's  ranclio, 
where  the  Frenchman  had  been  employed  many  years 
as  vaquero.  From  the  Mexicans  he  learned  that  fifty 
of  the  banditti  were  at  that  time  among  the  nioun- 
tains,  and  that  an  attack  upon  them  would  be  sure 
death  to  the  Americans.  Nothing  daunted  they 
dashed  on,  for  they  were  close  upon  their  prey,  whoso 
numbers  they  thought  were  undoubtedly  exaggerated. 
Having  advanced  about  twelve  miles,  at  a  spur  of 
the  San  Joaquin  Rancho  Mountains  a  man  was  seen 
galloping  rapidly  away.  Little  and  Baker  rode  for- 
ward to  keep  him  in  sight,  when  a  band  of  twenty 
men  rushed  out  from  between  the  hills  and  fired  upon 


500 


COUNTRY  COMMITTEES  OF  VIGILANCE. 


\^  w 


and  killed  thcni.  Barton  and  the  others  rode  (juickly 
forward,  but  were  at  once  surrounded.  The  four 
charged  valiantly  upon  the  robl)ers,  whose  overwhelm- 
ing numbers  soon  ended  all  resistance,  not,  however, 
until  three  of  the  banditti  had  fallen.  Hardy  and 
Alexander  alone  escaped;  they  recognized  their  dan- 
ger, and  owing  to  the  superior  lleetness  of  their  horses 
eluded  pursuit. 

Information  of  the  disaster  was  at  once  conveyed 
to  El  ]\Ionte  and  Los  Angeles.  On  the  following  day 
the  bodies  of  the  four  men  w'cre  found.  They  had 
evidently  been  fired  upon  after  death.  Their  watches 
were  gone  and  all  their  pockets  empty. 

Sheriff  Barton  was  one  of  the  bravest  and  most 
conscientious  of  Los  Angeles'  officials.  His  life  had 
been  endangered  many  times,  but  his  duty  was  never 
neglected  on  account  of  personal  danger.  Three  years 
previous,  when  Brown  was  in  his  custody,  he  valiantly 
refused  to  deliver  him  to  the  people,  though  from  his 
will,  discovered  after  his  death,  it  was  seen  by  the 
date,  January  11,  1854,  the  night  previous  to  the 
execution  of  Alvitre,  that  he  realized  that  his  life  was 
jeopardized.  Barton  and  his  associates  were  eulogized 
by  the  local  press  as  among  the  noblest  and  most 
res|)ected  of  their  fellow-citizens. 

]  )eliberate  action  was  taken  for  the  arrest  of  the 
ruffians.  It  was  determined  that  a  large  company 
should  be  formedf^dnd,  divided  into  detachments, 
should  attack  the  roljbcrs  in  their  mountain  fast- 
nesses. One  division  was  composed  of  El  Monte  men, 
twenty-six  in  number,  commanded  by  Bethel  Coo]i- 
wood;  another  was  of  native  Calilbrnians  under  com- 
mand of  Andres  Pico,  who,  starting  from  Los  Angeles 
with  nineteen  men,  was  reenforced  at  Pio  Pico's 
rancho  and  elsewhere,  so  that  he  had  a  company  of 
iil'ty  men  in  all.  He  also  secured  the  valuable  services 
of  I'orty-five  natives,  with  their  captain,  Manuelito, 
by  whose  aid  the  mountain  passes  were  effuctually 
guarded.     The  third   comj)any  was  under  command 


SEARCH  FOR  BANDITTI. 


501 


of  James  Thompson,  and  numbcrocl  originally  twonty- 
sovcn  men;  likewise  Thompson  received  the  coopera- 
tion of  United  States  troops  from  Fort  Tejon,  which 
he  stationed  most  advantageously  at  San  Fernando 
Pass,  Simi  Pass,  Scorpion  liancho,  and  on  the  main 
Santa  Barbara  road. 

The  first  step  taken  by  Andr(5s  Pico  was  to  send 
native  spies  into  the  mountains  to  discover  the  hiding- 
places  of  the  robbers.  Acting  in  concert  with  El 
^[onte  men,  their  force  numbered  over  one  hundred. 
The  spies  returned  and  reported  the  camp  situattsd  at 
the  head  of  the  Canada  do  Santiago,  and  that  if  an 
assault  could  at  once  be  made  the  whole  band  would 
be  captured.  It  being  a  dark  night,  they  were 
()l)liged  to  wait  until  early  morning,  when  as  they 
were  making  an  advance  they  saw  Juan  Flores 
watchinii:  their  movements  from  an  ovcrliani;in<'  lock. 
He  was  beyond  the  reach  of  attack,  and  [)rocec(lt'd 
on  iartl"r  and  higher  with  his  men,  of  whom  all 
but  two  were  on  horseback.  The  mountains  in  wliidi 
the  Mexicans  had  taken  refuge  were  almost  inaccessihU' 
even  on  foot,  and  while  the  Americans  were  following, 
tliey  were  eluding  pursuit  by  most  reckless  daring. 
Juan  Flores,  Jesus  Tllspinosa,  and  Leonardo  Lo|)ez,  on 
mounted  horses,  slid  down  a  precipice  to  a  kind  <>f 
piojecting  ledge  fifty  feet  below,  where,  abandoning 
their  animals,  by  the  aid  of  brush  growing  u[)ou  an 
almost  perpendicular  wall,  they  descentled  five  hundred 
feet.  Then  escaping  into  an  adjacent  mountain,  tliey 
continued  their  course  througli  dense  chaparral.  Fran- 
cisco Ardillero  and  Juan  Silvas,  afraid  to  undertake 
tile  (lospiTatc  venture  of  their  leaders,  wi^re  captured 
l)v  the  onijirds. 

The  trail  of  Flores  and  his  companions  was  dis-ov- 
eicd.  Seeing  that  they  were  pursued,  they  concealed 
themselves  in  a  cave  in  the  Canada,  but  overpowered 
l)y  numbers  they  were  at  last  captured  on  Sunday, 
I'ebruary  1st,  and  taken  to  the  rancho  of  Teotlocio 
Verba,  six  miles  distant. 


COUNTRY  COMMITTEES  OF  VIGILANCE. 


The  glad  news  of  their  capture  was  quickly  fol- 
lowed by  the  exasperating  intelligence  of  their  escape. 
It  seems  that,  though  bound  and  under  guard,  they 
slipped  away  in  the  darkness  of  midnight,  and  not- 
withstanding their  flight  was  immediately  discovered 
they  were  once  again  free  men. 

The  disposition  of  Thompson's  party  has  already 
hccn  mentioned.  On  the  following  Tuesday,  February 
3d,  a  Mexican  searching  for  water  was  suddenly  ac- 
costed at  Simi  Pass  by  two  soldiers,  who  with  levelled 
guns  ordered  him  to  dismount,  which  he  at  once  did. 
His  liorse  was  a  miserable  mustang,  and  the  man  un- 
armed. In  reply  to  questions  he  gave  his  name  as 
Sanchez,  from  San  Fernando  mission,  and  said  that 
he  was  hunting  horses.  Upon  being  taken  into  camp 
he  was  recognized  as  the  redoubtable  Juan  Flores. 
His  companions  escaped  for  the  time,  but  retribution 
eventually  overtook  most  of  the  band.  Flores  was 
wounded  in  the  right  arm  by  his  own  gun,  which  cx- 
pl(Klcd  when  leaping  over  the  precipice.  Mr  Thomp- 
son brought  his  prisoner  to  the  jail  at  Los  Angeles, 
attending  him,  at  his  own  request,  to  his  cell.  The 
siglit  of  the  assembled  people  seemed  to  destroy  his 
self-possession,  which  was  regained,  however,  when  he 
found  himself  in  the  hands  of  the  law. 

At  the  time  of  Flores'  escape  from  the  guard  on 
Sunday  night,  Andres  Pico  became  alarmed  for  the 
safety  of  his  prisoners,  Silvas  and  Ardillero,  and  de- 
termined upon  their  immediate  execution.  They  were 
hanged  about  twenty  miles  from  the  place  of  their 
capture.  Many  hardships  were  endured  by  the  vol- 
unteer corps  in  their  hazardous  undertaking.  They 
were  eleven  days  searching  the  country  for  the  fugi- 
tives. Fifty-two  men  were  captured  and  lodged  in  tlio 
Los  Angeles  jail,  and  these  once  formidable  banditti, 
at  last  rendered  powerless,  were  disbanded.  All  of 
those  arrested  were  tried,  but  little  could  be  proved 
against  them,  and  the  larger  part  of  the  prisoners 
were    discharged   for  want  of  evidence.     The   most 


WHOLESALE  HANGING. 


503 


prominent  among  the  criminals  executed  was  Juan 
Flores.  After  a  week's  imprisonment  the  people  as- 
sembled to  decide  his  fate.  It  was  proposed  that  he 
should  be  immediately  executed,  to  which  suggestion 
the  crowd  gave  its  unqualified  approbation.  Mean- 
while several  persons  mounted  a  platform  and  lia- 
rangued  the  people,  advising  them  to  execute  at  the 
same  time  three  JSIexicans,  two  of  whom  had  robbed 
a  horseman  in  the  Tojon,  the  third  having  attempted 
liis  assassination.  This  proposition  was  subjected  to 
vote,  resulting  in  a  small  majority  in  favoi-  of  leaving 
them  to  the  disposition  of  the  courts. 

The  people  now  directed  their  way  to  the  prison, 
where  Flores  awaited  his  fate.  He  was  a  young  njan  of 
prepossessing  appearance,  and  but  twenty-two  years 
of  age.  Dressed  in  black  coat,  light  vest,  and  white 
pants,  and  with  aspect  subdued,  there  was  nothing  to 
indicate  the  formidable  desijoiado  of  a  fortniixlit  auo. 
He  acknowledged  his  blood-guiltiness,  but  said  that 
Pancho  Daniel  was  the  leader  of  the  gang  rather 
than  he.  Two  priests  accompanied  the  [)risoner  to 
the  scaffold,  which  was  erected  on  the  hill,  a  quarter 
of  a  mile  distant,  where  an  immense  crowd  luid  con- 
gregated. Companies  of  Monte  men,  Californians 
and  Frenchmen,  mounted  and  on  foot,  were  prepared 
to  enforce  order  if  necessary.  Flores  preserved  a 
calm  demeanor  to  the  last;  he  himself  adjusted  the 
rope,  which  unfortunately  was  badly  done,  causing  him 
much  suffering. 

On  the  2d  of  February  a  young  fellow  of  but 
eighteen,  Jesus  Espinosa,  was  captured  and  executed 
at  Santa  Bdrbara.  He  was  one  of  Flores'  confedei"- 
ates,  escaping  pursuit  as  before  described.  He  freely 
confessed  to  Father  Serrano  his  guilt. 

Another  of  the  gang,  one  Berryesa,  was  also  hanged 
a  day  or  two  later  by  the  people.  He  had  been  exe- 
cuted, as  was  supposed,  in  Santa  Clara  Coimty,  and 
his  body  delivered  to  his  friends,  who,  however,  had 


I 


PU'' 


Tl  : 


I 


504 


COUXTUY  COMMITTKKS  OF  VlfJI LANCE. 


effected  his  resuscitation.  Since  then  he  liad  com- 
uiittoil  otiier  niurilers.  The  marks  of  the  rope  about 
his  neck  were  plainly  visible  at  the  time  of  his  final 
execution. 

On  the  29th  of  January,  Mij^uel  Soto  and  others 
attacked  Cyrus  Sanford  at  San  Gabriel  mission. 
Santord  returned  the  fire,  shootinjjf  Soto  in  the  thij^h. 
Soto  then  took  refuoe  in  the  marsh  near  by,  covering 
his  body  with  weeds  and  mud.  Several  citizens  now 
came  to  Sanford's  assistance,  and  settinjjf  fire  to  the 
weeds  soon  exposed  Soto  to  view.  He  was  at  once 
shot.  His  companions  were  subsequently  arrested. 
They  were  named  Juan  Valenzuela,  Pedro  Lopez,  and 
Dicjjo  Navarra.  These  banditti  were  amonff  the  first 
on  whom  fell  vengeance  for  Sheriff  Barton's  death. 
They  were  led  out  to  be  hanged,  but  the  rope  proving 
too  short  they  were  shot. 


The  citizens  of  Los  Angeles  were  no  less  surpristnl 
than  delighted  to  see  the  carcass  of  the  notorious  bantlit 
Panclio  Daniel  hanging  in  the  gate- way  of  the  jir'- 
yard  on  the  morning  of  the  30th  of  November  IF 
By  his  band  four  of  Sheriff  Barton's  yjo.v.yc,  in 
dortaking  their  capture,  had  been  killed  nearly  tw<> 
years  before,  as  already  described.  A  reward  of 
twenty-five  hundred  dollars  had  been  offered  by  Gov- 
ernor Johnson  for  his  arrest,  and  fifteen  hundred 
dollars  additional  by  the  citizens.  On  the  1 9th  (»f 
January  1858  he  was  captured  by  the  sheriff,  who 
found  him  in  a  hay-stack  near  San  Jose.  After  his 
arrest  part  of  the  time  he  was  confined  in  prison  and 
part  of  the  time  at  large  on  bail;  he  had  undergone 
three  attempted  trials  in  the  courts,  and  the  last 
move  was  a  change  of  venue  to  Santa  Barbara;  in 
other  words,  the  law  had  concluded  to  let  the  robber 
loose. 

The  patience  of  the  people  was  exhausted.  It  was 
simply  infamous,  this  j)rostitution  of  the  law  by  its 
ministers   for  the   sul>servience   of  their  own   selfish 


THE  CASK  OF  PANCrro  DAXIFIL. 


008 


ends.  A  liundi'od  dwrllinujs  iniu;lit  luiiii,  n  hundrod 
tnivellors  iniglit  bo  .sto[)p(Ml  u[)<>!i  tin*  liiL"li\v;iy,  so  tluit 
tliu  pettifogger  sociired  his  toe  and  tlu'  Judge  his  sul- 
jiry.  Of  the  greutc^st  Jidvaiitage  to  tliic^vcs  was  sueh 
achninistratiou  of  law:  better  fai'  for  iheni  than  if 
there  iiad  been  no  law.  For  if  no  law  against  stealing 
existed  all  the  world  would  turn  tliioves,  and  tliero 
would  be  no  one  left  to  steal  from.  As  it  is,  all  tlio 
robber  must  needs  do  is  to  steal  enough,  then  divide 
the  j)lundcr  with  his  attorney,  and  he  is  fi'ee.  The 
oxaetions  of  the  law,  so  far  as  he  is  eoneerned,  arc 
only  a  protective  tariff  which  secures  him  against 
ruinous  opposition  in  his  business. 

The  people  of  Los  Angeles  concluded  tliat  the  farce 
had  lasted  about  lonij  enoujjh;  so  i)ne  nij^ht  about 
two  hundred  and  twenty  of  them  met  ami  rt-solved 
that  before  the  sun  rose  again  the  Pancho  Daniel 
venue  would  be  changed  to  a  point  farther  away  than 
Santa  Barbara. 

Luckily  the  sheriff  was  absent,  hunting  Andtes 
Fontes,  one  of  Daniel's  band,  who  had  been  seen 
luiking  in  that  vicinity.  Attention  generally  w.is  at- 
tracted in  other  directions.  There  was  IJamiiiigs  new 
steam  yacht  from  San  l^^rancisco,  and  ^[{uir  a  concourse 
of  [)eople,  accompanied  by  tlu;  brass  band,  had  gone  to 
San  Pedro  to  celebrate  its  arrival.  An  emigi.uit  train 
had  just  come  in.  Then  thert'  were  many  strangers  in 
town  on  their  way  to  and  from  tlie  CJila  mines,  whose 
conversation  drew  attcntioix  toward  that  quarter. 

Part  of  the  two  hundred  and  twenty  thought  they 
should  onjoy  sleeping  in  a  corral  near  the  jail;  so  they 
tried  it.  The  otliers,  fascinated  by  the  charms  of  an 
early  semi-tropical  morning,  rose  before  the  break  of 
day  and  strolled  toward  the  jail,  common  attractions 
seemingly  lying  in  that  direction.  But  just  bclore 
reaching  the  spot  whither  they  tended,  singularly 
enough  they  all  disappeared,  vanished  into  thin  air; 
so  that  when  the  old  methodical  jailer  just  at  dawn, 
as  was  his  custom,  appeared  with  his  basket  on  the 


606 


COUNTRY  COMMITTEES  OF  VIGILANCE. 


way  to  market,  not  a  soul  was  to  be  seen.  Before  he 
had  taken  twenty  steps,  however,  from  the  gate  which 
he  had  just  carefully  locked,  many  were  to  be  seen. 
He  thought  ho  saw  a  thousand,  but  there  were  only 
two  hundred  and  twenty. 

The  old  jailer  at  once  permitted  himself  to  be  over- 
powered by  numbers,  and  the  key  to  be  gently  wrested 
from  him  by  the  courteous  though  resolute  citizens. 
The  law  loves  verbiage,  and  this  limb  of  it  wished  the 
outrage  to  bo  consummated  in  every  particular,  though 
with  whatsoever  degree  of  gentleness  and  affability 
the  outragcrs  should  please.  The  two  hundred  and 
twenty,  with  the  key  in  their  hand  and  the  jailer  their 
prisoner,  had  but  to  finish  their  work,  which  they  did 
so  quietly  as  not  to  disturb  the  morning  sleep  of  anj'' 
in  Los  Angeles.  Commenting  upon  another  case,  the 
Los  Angeles  Star  of  October  19, 18G1,  says: 


"Wo  li.ive  ever  been,  and  still  aro  opposed  to  mob  law;  but  if  ever  aii 
occasion  can  arise  when  the  righteous  indignation  of  a  people  will  prompt  them 
to  the  instant  punishment  of  an  enormity  whoso  hellish  atrocity  appalls  the 
stoutest  licart  anu  shocks  the  moral  sensibilities  of  the  most  obdurate  or  the 
most  obtuse,  the  pi-cscnt  is  that  occasion.  Here  is  the  stoi-y :  A  young  man, 
a  Californian  named  Francisco  Cota,  living  with  his  mother  on  Spring  street, 
was  observed  sharpening  a  knife,  and  in  reply  to  a  question  as  to  its  in- 
tended use,  ho  said  ho  wanted  it  to  cut  up  meat  with.  On  the  following  day, 
Thursday,  ho  entered  tho  grocery  store  of  Lorenzo  liCck,  and  gave  an  order  to 
Mrs  Leek,  who  was  alono  at  the  time,  her  husband  and  his  clerk  being  away 
for  the  day.  As  she  turned  to  obtain  the  goods,  Cota  stepped  up  and  struck 
her  on  the  neck  with  his  knife,  almost  severing  the  head  from  tlic  liody. 
Then  stabbing  her  again  two  or  three  times,  he  fled,  covered  Avith  her  blood. 
Some  few  minutes  eliipsed  before  tho  murder  was  discovered,  although  perpe- 
trated ill  the  mivldle  of  the  forenoon  and  in  a  populous  neighborhood.  The 
alarm  was  given  by  a  little  daughter  of  Mrs  Leek,  but  five  years  of  age,  who 
ran  into  a  neighbor's  house,  frightened  and  crying,  with  her  baby-brother 
clinging  in  terror  to  her  hand.  The  child  said  her  mamma  was  on  tho  floor 
with  lier  hcail  cut  off.  As  soon  as  the  dreadful  truth  became  known  thorough 
search  was  made  for  the  murderer.  He  was  found  in  a  house  near  tho  mili- 
tary camp,  under  a  bed  -,  his  knife  was  discovered,  concealed  between  the 
matti-esscs,  and  his  ))loody  clothing  markeil  his  guilt.  He  was  placed  in  a 
wagon  and  convoyed  to  the  jail,  tho  greatest  difficulty  being  experienced  in 
pi'cventing  hi.s  seizure  l>y  tiio  people.  A  public  meeting  was  held  in  the 
afternoon,  handbills  liaving  been  issued  asking  tho  citizens  to  meet  at  the 
Lafayettu  Hotel  at  three  o'clock.    A  committee,  appointed  for  the  purpose, 


MORE  HANGING. 


m 


e  he 
hich 
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only 

over- 
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izcns. 
d  the 
lOUgh 
hiUty 
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'  their 
cy  did 
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se,  the 


f  ever  an 

iinpt  them 
)paUa  the 
itc  or  the 
)uug  mivn, 
ng  street, 
to  its  in- 
kving  <lay, 
In  order  to 
ing  away 
ind  struck 
[the  hody. 
her  blood. 
|igh  pcrpe- 
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age,  who 
)y -brother 
li  the  iloor 
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the  niili- 
Itween  the 
ilaced  in  a 
Iricnccd  in 
dd  in  tlic 
keet  at  the 
purpose. 


waited  upon  the  authorities,  who  promised  an  immediate  examination.  The 
prisoner  was  at  once  brought  before  Justice  Peterson,  who,  allowing  him  until 
ten  o'clock  the  next  morning  to  procure  counsel,  ordered  his  removal  to  jiiil. 
As  the  officers  with  tlie  prisoner  were  emerging  from  the  court-room,  they 
were  surrounded  and  seized  by  a  crowd,  and  hurried  off  to  Alameda  street, 
meeting  with  some  resistance  on  the  way  from  citizens  who  undertook  to 
rescue  the  prisoner,  repeatedly  cutting  the  rope  with  ■wliicli  he  was  bound. 
Tlu-ir  cflforts  were  unavailing,  as  the  lifeless  body  of  Francisco  Cota,  suspended 
from  the  cross-bar  of  a  gate-way,  soon  attested.  No  reason  could  be  assigneil 
for  the  murder,  perpetrated  coldly  and  with  premeditation,  upon  a  woimin 
who  had  never  injured  or  even  provoked  him,  to  any  one's  knowledge." 

John  Rains  was  a  prominent  resident  of  Chino,  San 
Bernardino  County.  He  was  estimated  to  be  wortli 
two  hundred  thousand  dollars,  and  owned  the  Comongo 
Ranclio.  On  the  iTth  of  November  18G2,  as  he  was 
travelling  alone  and  unarmed,  he  encountered  several 
men,  one  of  whom  inquired  where  he  was  going. 
Rains  replied,  "To  town."  "I  think  not;  we've  got 
you  now!"  was  the  rejoinder,  and  immediately  he  was 
fired  upon  by  the  assassins,  who  jerked  him  from  liis 
horse  by  one  arm.  As  he  was  still  able  to  make  re- 
sistance, they  lassoed  him  and  dragged  him  across  tlio 
road  into  the  bushes,  where  his  body  was  afterward 
found,  bearing  marks  of  most  brutal  treatment,  iiis 
clothing  torn  oif,  and  one  boot  lost  in  the  struLr!j:)e. 
The  murder  was  committed  for  the  sake  of  plundei. 

Upon  suspicion  of  participation  in  this  crime,  Manuel 
Ceredel  was  arrested.  Taken  ill  with  small-pox,  and 
thinking  himself  about  to  die,  Ceredel  disclosed  all 
the  particulars  of  the  conspiracy  against  Rains,  in 
consequence  of  which  several  parties  started  in  pursuit 
of  his  confederates,  arresting  five  or  six,  who  were 
identified  by  Ceredel.  Recovering  somewhat  unex- 
l)Gctedly,  Ceredel  was  tried  and  sentenced  to  ten  years 
in  the  state-prison,  a  decree  that  did  not  satisly  the 
people.  While  in  the  hands  of  the  sheriiF,  on  board 
the  steamboat  Cricket,  en  route  for  San  Quentin,  tlie 
])risoner  was  seized  by  the  Vigilance  Ct)mmittee  of  Los 
Angeles  and  hanged  to  the  yard-arm.  After  remain- 
ing there  for  about  twenty  minutes,  the  bod}'  was 


508 


COUNTRY  COMMITTEES  OF  VIGILAXCE. 


taken  clown,  some  stones  were  tied  to  the  feet,  and  it 
was  thrown  overboard.  Between  betrayed  comrades, 
small-pox,  state-prison,  and  vigilance,  further  residence 
on  this  planet  seemed  for  Ceredel  impossible. 

On  the  5th  of  February  1864  Santiago  Sanchez 
was  hanged  for  the  murder  of  Manuel  Gonzalez.  He 
admitted  his  guilt,  but  protested  that  his  arrest  and 
execution  were  to  gratify  the  spite  of  Americans 
who  suspected  him  of  the  murder  of  John  Rains,  a 
charge  of  which  he  was  innocent.  In  June  1864  Josd 
Ramon  Carrillo,  while  riding  with  a  Californian  on 
the  highway  near  the  stage  station  Cucamougo,  was 
shot  by  a  man  in  ambush,  who  escaped  without  having 
been  seen.  The  cause  of  the  cowardly  assassination 
was  attributed  to  the  suspicion  that  had  always  been 
entertained  that  he  was  accessory  to  the  murder  of 
John  Rains  in  November  1862.  Although  he  had 
twice  surrendered  himself  to  the  authorities  for  trial, 
his  examination  and  release  did  not  remove  the  feeling 
entertained  by  the  friends  of  Rains,  and  Carrillo  liad 
felt  his  life  endanijered  ever  afterward.  His  assassin 
was  never  known. 

On  the  15th  of  November  1863  an  affray  occui'ied 
on  the  streets  of  Los  Anu'cles.  when  officer  Hoi-ter,  in 
endeavoring  to  make  an  arrest,  was  brutally  beaten  l)y 
a  noted  liiiihwavnian,  Boston  Daniewood,  wlio  was 
assisted  by  his  allies.  The  next  morning  tlie  sheriff 
with  his  posse  arrested  five  desperate  characters,  but 
in  doing  so  was  fired  upon  by  their  friends.  In  tln' 
fight  that  ensued  one  of  tlie  ruffians  was  killed  and 
another  wounded.  The  names  of  tlie  prisoners  were 
Boston  Daniewood,  Jose  Olivas,  Chase,  Wood,  and 
Il)arra.  Each  had  a  history  of  crime.  Daniewood, 
the  most  notorious,  was  at  one  time  on  the  police 
force  in  Los  Angeles.  Leaving  the  profession  of  de- 
tecting crime  for  the  more  allurini;  one  of  committing 
it,  he  proceeded  to  Colorado  and  there  murdered  a 
miner,  from  whom  he  obtained  a  large  sum  of  money. 


THE  HERO  WILKINS. 


509 


At  the  time  of  his  arrest  a  committee  from  La  Paz 
was  appointed  to  bring  him  to  their  territory,  where 
his  crime  could  easily  be  proved.  The  second  in  order 
of  vice  was  Olivas,  undoubtedly  the  murderer  of  (jne 
John  Sylvester  at  Tcjon  several  years  before.  He 
was  tried  at  the  time,  and  though  the  circumstantial 
evidence  asfainst  him  was  of  the  stronfjest  character, 
he  was  acquitted.  His  subsequent  career  stamped  him 
in  unconscionable  villain.  The  third,  named  Chase, 
was  a  notorious  horse-thief,  whose  arrest  had  been 
long  predetermined.  Wood  and  Ibarra  were  high- 
waymen recently  released  from  prison. 

Judge  Hayes  received  intimation  that  the  people 
had  threatened  to  take  the  prisoners  from  the  jail  and 
execute  them.  Accordingly  he  issued  a  call  for  addi- 
tional aid  from  the  local  and  military  authorities. 
Before  his  request  could  be  complied  with  the  jail 
was  surrounded  on  the  21st  of  November  by  two 
hundred  armed  citizens,  who  forced  the  iron  doors  and 
seized  the  five  prisoners  above  mentioned.  Leading 
them  to  the  corridor  in  front  of  the  old  court-house, 
over  the  beams  of  which  ropes  had  been  placed,  tliey 
hanged  them  all. 

John  Sanford,  a  prominent  citizen  of  Los  Vngcles 
County,  while  riding  in  a  buggy  to  his  she*  |»-rancli 
on  the  6th  of  December  18G3,  overtook  two  j)cdt's- 
trians,  one  of  whom,  Charles  Wilkins,  had  been  em- 
]>loyed  for  several  months  in  the  vicinity  of  Fort 
Tejon  as  sheep-herder.  Sanford  spoke  to  Wilkins,  and 
engaged  his  services  on  the  spot;  taking  him  into  his 
buggy,  he  proceeded  on  his  journey.  Al'ter  riding  a 
few  miles  Sanford  stepped  from  the  buggy,  leaving  his 
loaded  pistol  lying  on  the  seat.  Wilkins  picked  up 
the  weapon,  seemingly  suggestive  of  un[)rt'm(.'ditatod 
crime,  and  while  the  owner's  back  w^as  turned  shot 
liini  dead.  Then  rilling  his  pockets,  he  mounted  one 
of  (he  horses  and  rode  off.  A  week  after  Wilkins  was 
captured  at  Santa  Bdrbara  and  brought  to  Los  An- 


! 


ilO 


COUNTRY  COMMITTEES  OF  VIGILANCE. 


geles  where  ho  was  legally  tried.    He  was  indicted 
before  a  special  grand  jury;  and  while  being  brought 
into  court  for  trial  before  Judge  Hayes,  a  brother  of 
Sanford  attempted  to  shoot  him.   Assassination  failing, 
Wilkins  pleaded  guilty,  and  at  the  conclusion  of  the 
trial,  in  which  he  was  convicted  of  murder  in  the  first 
degree,  the  court-house  was  ordered  cleared,  and  the 
[)risoner  remanded  to  jail  to  receive  his  sentence  the 
next  morning.    The  people,  apprehensive  of  his  pos- 
sible escape,  made  a  rush  into  the  court-house,  and 
taking  the  prisoner  into  their  custody,  carried  him  to 
Banning's  corral,  where  they  hanged  him  at  a  gate- 
way.   This  was  the   seventli  man   within  a  month 
who  had  been  executed  by  the  Vigilance  Committee 
of  Los  Angeles.     The    confession   made  by  Wilkins 
soon  after  his  arrest  gives  indubitable  proof  of  his 
diabolical  character.    He  said  that  he  killed  Sanfoid, 
thinking  he  might  have  some   money;  he  did   not 
know  that  he  had  any,  but  took  the  chances,  and  se- 
cured only  twenty  dollars.    In  reply  to  the  question  if 
liis  conscience  troubled  him,  he  said,   "No;  I  have 
Icilled  eight  other  men,  and  think  no  more  of  killing  a 
man  than  a  door."    He  stated  that  he  was  an  Ensflish- 
man,  and  that  his  parents  were  jVIoimons,  living  at 
Salt  Lake.    He  was  but  seventeen  years  of  age  when 
he  committed  his  first  murder.    He  was  implicated  in 
the  Mountain  Meadows  massacre,  in  which  he  ob- 
tained several  thousand  dollars.     Afterward  he  killed 
one  Blackburn,  getting  his  money  and  mules.   Wilkins 
was  a  noted  horse-thief     He  stated  that  he  and  two 
companions  were  pursued  by  a  party  from  Los  An- 
geles  and    San   Bernardino   two    years   before,  who 
followed  them  through  Canon  Pass,  overtook  them, 
and   recovered  forty  horses.     His  companions  wcri; 
captured  and  sent  to  the  state -prison,  but  Wilkins 
escaped  to  the  mountains,  and  then  went  in  pursuit 
of  further  prey.    A  series  of  crimes  resulted  in  his 
arrest  at  San  Luis  Obispo,  and  subsequent  confine- 
ment in  the  state -prison.     He  was  the  leader  of  sev- 


A  NEW  COMMITTEE  FOR  I.OS  ANGELES. 


611 


eral  in  breaking  from  the  prison,  and  helped  to  hold 
Lieutenant-governor  Chellis  before  the  guns  to  pre- 
vent being  fired  upon  by  the  guard.  He  was  near 
Yroka  in  1862,  with  a  Mexican  who  had  escaped  from 
prison  with  him,  when  they  met  two  men,  one  of 
whom  v/as  a  drover  named  Carr.  These  men  they 
])roposed  to  kill  and  rob.  Wilkins  said  ho  would  shoot 
Carr,  whom  they  supposed  carried  the  most  money, 
for,  ho  boasted,  ''  I  never  miss  my  man."  The  Mexi- 
can bungled  his  job  badly,  shooting  four  or  five  times 
and  then  jjcrmitting  the  man  to  escape.  Neverthe- 
less they  obtained  three  thousand  dollars  from  the 
body  of  Carr,  and  evaded  detection. 

About  six  weeks  before  his  final  arrest  Wilkins  was 
ut  the  Bella  Union  Hotel  in  Los  Angeles,  where  he 
stole  a  revolver  and  a  knife,  which  he  gave  to  a  young 
man  named  Woods  and  told  him  to  go  out  on  the 
road  and  earn  his  living  with  them  rather  than  hang 
about  the  dance-houses  doing  nothing.  Woods  wont, 
but  his  career  was  a  short  one;  for  he,  with  an  accom- 
plice, Ibarra,  was  arretted  by  the  Vigilance  Committee 
and  executed  with  three  others,  as  before  mentioned. 


While  Michael  Lachenai  lay  in  })rison  for  the 
murder  of  Jacob  Bell  and  other  villainies  wh'ch  he 
was  known  to  have  committed,  the  Vigilance  Com- 
mittee of  Los  Angeles  assembled  at  Sterne  Hall  to 
the  number  of  three  hundred.  This  was  the  morning 
of  the  I7th  of  December  1870.  It  did  not  take  them 
long  to  agree  unanimously  that  Lachenai  should  be 
hanged,  and  that  imiiiediat(!ly.  At  eleven  o'clock  the 
connuittee  proceeded  in  three  divisions  to  the  jail. 
On  their  way,  as  they  marched  through  the  streets, 
they  were  joined  by  about  a  thousand  citizens,  who 
encouraged  them  by  their  unqualified  approbation. 
A  half  hour  was  consumed  in  battering  down  the  jail- 
doors.  Then  entering  the  cell  of  Lachenai,  they  threw 
a  rope  round  his  neck  and  led  him  to  a  place  two 
squares  distant,  where  they  hanged  him.    He  was  pre- 


If 


r.H 


COUNTRY  COMMITTEES  OF  \^GILANCE. 


viously  allowed  to  make  a  few  remarks,  when  he  con- 
fessed his  guilt,  but  expressed  no  eontrition.  The 
sheiifT  and  his  officers  made  all  possible  resistance, 
but  could  not  obtain  the  cooperation  of  any  of  the 
citizens,  as  all  were  in  sympathy  with  the  Vigilance 
Connuittec.  This  was  tlie  fii-st  important  action  taken 
by  a  newly  organized  Vigilance  Connnittec,  which 
was  Ibiined  that  month,  with  Signouret  as  president. 
Thougli  at  so  late  a  date,  when  justice  had  been  ad- 
ministered in  their  courts  for  a  quarter  of  a  century, 
it  was  com])osed  of  over  five  hundred  of  the  best  and 
most  influential  citizens  in  the  place.  In  a  card  which 
they  published  they  defined  their  position  and  pur- 
pose in  the  following  terms: 

"Our  object  in  thus  associating  together  is  not  to  inaugurate  mob  law,  as 
wc  most  sincerely  regret  the  necessity  that  compelled  the  organizatiou.  We 
do,  however,  now  that  the  society  has  Ixjen  organized,  intend  to  protect  the 
life  and  property  of  innocent  persons  to  the  best  of  our  ability ;  and  whenever, 
in  our  judgment,  after  mature  deliberation  and  without  haste,  any  assassin 
luiH  been  set  free  where  the  evidence  should  have  convicted  him,  then,  and 
not  till  then,  shall  wo  meddle  with  the  course  of  the  law.  Wo  are  nut 
actuated  by  any  blood-thirsty  motives.  Our  actions  are  based  upon  tlie 
principles  of  Inimanity  and  justice,  and  we  do  not  intend  to  depart  from  them ; 
and  while  we,  as  law-abiding  citizens,  are  in  duty  bouml  to  venerate  the  laws 
under  wliich  we  live,  and  be  subordinated  to  the  government,  wo  cannot  an<l 
will  not  submit  to  incompetency  and  iml>ecility  in  those  who  have  been  placed 
in  power  to  administer  these  laws ;  and  in  the  carrying-out  of  those  stern  reso- 
lutions wo  pledge  our  lives,  our  property,  and  our  honor." 

Others  took  a  very  different  view  of  the  matter,  as 
the  following  from  the  Oakland  Transcript  testifies: 

"A  communication  in  the  Los  Angeles  News,  in  answer  to  the  recent  pro- 
nunciameuto  of  the  V^igilance  Committee  organized  there,  thus  comes  out  upon 
the  Regulators:  'Is  it  ri^ht  in  the  sight  of  God  or  man  for  any  set  of  men  to 
band  together  to  connnit  murder?  If  the  conimittct!  wished  to  bring  olTeml- 
ors  to  justice,  they  siiould  have  organizid  under  the  law,  anil  in  aid  of  its 
administration.  Moral  reformers  should  not  set  all  morals  and  all  law.  huin;iii 
and  di\ine,  at  deliance.  In  their  (irst  manifesto  the  connuittec  siiy  in  suli- 
stani'o  that  they  dt;  not  intend  to  take  raiy  further  action  unless,  after  tii  J 
by  the  courts,  tliero  is  a  failure  of  justice.  Decidedly  not !  That  is,  iiftrr 
trial  in  the  district  and  (ni]iri'nie  courts  a  party  is  tried  and  acMiuitted  of  tin; 
char^;o  of  iioniicidc!  or  other  crime,  a  ooianiittec  of  confessed  murderers  will 
eit  in  judgment  of  the  case  and  ivverso  tlie  decision,  and  hang  the  acctiHcil 


LAW  AND  THE  PEOPLE. 


513 


n- 
hc 

CO, 
LU'C 

licli 
cnt. 

ail- 
my, 

and 
liich 

pur- 


law,  aa 

^^.     We 
itcct  the 
hciicvcv, 
assassin 
;hcn,  and 
urc  nut 


ipou 


the 


)iu  thcni ; 
the  laws 
nnot  anil 
icu  plactil 
torn  rese- 


tter, as 

tstilies; 

Bccnt  vvo- 
j  out  ui><'u 
lof  men  to 
In"  ollVnil- 
liikl  of  it^ 
Uv.  \uun:ui 
|iy  in  ^^"''• 
idtcv  lull 
,t  us,  "'■'>''■ 
twl  of  ^'"^ 
lerevrt  will 
[ho  uecu!i<-il 


and  acquitted  if  the  judgment  of  the  courts  does  not  square  with  their  ideas 
of  right  and  law.  Surely  a  blood-stained  Daniel  has  come  to  judgment.  If 
an  honest  jury  and  learned  judge  mistake  tlic  law,  is  society  any  safer  in  the 
hands  of  an  ignorant  association  of  green-grocers?  If  a  leanied  judge  errs,  it 
is  not  very  i^robable  that  ho  will  bo  improved  upon  by  a  dealer  in  old  clothes, 
or  that  the  old-clothes  man  will  be  any  more  honest  than  a  sworn  juror.  It 
was  poor  policy  for  tho  committee  to  court  discussion  in  the  public  press. 
They  arc  tolerable  stranglers  but  very  bad  logicians.  The  sooner  they  hide 
themselves  from  the  light  of  day  the  safer  they  will  be.'" 

These  views  accord  with  the  opinion  of  a  large  and 
highly  respectable  class  in  the  community,  but  it  seems 
to  me  comprehensive  and  candid  research  points  to 
different   conclusions.     Situation   and   circumstances 
are  too  often  lost  sight  of     Setting  these  aside  in 
the  present  instance,  and  regarding  the  question  in 
the  abstract,  is  it  right  to  band  to  commit  murder? 
that  is  to  say,  to  execute  capital  punishment?    De- 
cidedly 3^es.     The  judge  upon  the  bench  is  but  tho 
representative  of  men  banded  together  to  "commit 
murder ;"  the  jury,  in  this  sense,  band   to  commit 
murder.   The  law  is  but  a  machine  made  by  the  people ; 
if  it  works  well,  so  much  the  better  for  all  concerned. 
Those  who  made  it  rejoice  in  the  perfection  and  effi- 
ciency of  their  handiwork  as  much  as  any  one;  if  it 
tails  in  its  purpose  it  is  folly  stubbornly  adhering  to  it 
to  the  demoralization  or  destruction  of  society.     In 
order  to  the  right  comprehension  of  this  subject,  the 
superstition  of  the  fixedness  and  fatality  of  forms  of 
law,  amounting  to  unapproachable,  untouchable  neces- 
sity, must  be  dispelled.     Those  who  made  the  law 
have  the  right  at  any  moment,  formally  or  informally, 
legally  or  illegally,  to  abrogate  it.     The  necessity  to 
adopt  extreme  measures  is  always  to  be  deplored,  is 
always  deplored  most  of  all  by  those  resorting  to  it. 
ihit  if  they  have  not  the  right  to  throw  aside   a 
worthless  machine,  then  the  machine  is  greater,  more 
inexorable    and    divine   than    the   maker,   which    is 
absurd.    That  district  and  supreme  courts  are  beyond 
the  comprehension  or  control  of  the  people  is  but 
another  form  of  the  same  superstition.     Judges  and 

Pop.  Tbib.,  Vol.  I.    33 


514 


COUNTRY  COMMITTEES  OF  VIGILANCE. 


juries  are  proverbially  uncertain  and  liable  to  error. 
The  people,  acting  en  masfte,  are  likewise  subject  to 
mistake;  but  the  people,  being  sovereign,  are  un- 
restricted by  forms  which  too  often  hamper  judges 
and  trammel  justice.  If  the  people  are  sovereign  at 
all,  they  are  sovereign  always;  if  they  have  the  right 
to  make  laws,  they  have  the  right  to  suspend  or  annul 
them,  formally  or  informally,  if  they  possess  the  power 
and  inclination  to  do  so.  The  people  are  sovereign, 
yesterday,  to-day,  and  forever.  God  invests  them  with 
this  authority,  and  that  without  intervention  of  pope 
or  potentate.  It  is  better  to  have  a  settled  policy  in 
everything  and  work  up  to  it;  if  the  policy  is  bad 
change  it,  without  interference  with  custom  and  habit 
if  practicable,  but  if  necessary  at  once  and  arbitrarily. 


mr 


m 


uu- 


CHAPTER  XXX. 


INFELICITIES    AND    ALLEVIATIONS. 


Like  one  that  on  a  lonesome  road 

Doth  walk  in  fear  and  dread, 
And,  having  once  turned  round,  walks  on 

And  turns  no  more  hia  head, 
Because  he  knows  a  frightful  fiend 

Doth  close  behind  him  tread. 

Coleridge. 

Notwithstanding  the  strength  and  dignity  given 
to  justice  by  the  more  calm  but  no  less  determined 
tribunals  of  the  larger  cities,  mobocracy  was  still  the 
almost  universal  remedy  throughout  the  mining  and 
agricultural  districts.  Much  machinery  was  out  of 
place  where  there  were  no  jails,  and  there  was  a 
directness  about  the  business  most  refreshing  when  a 
criminal  was  caught,  tried,  and  executed  all  within  an 
hour.  Nor  was  it  alwa3's  convenient  or  possible  to 
organize;  hence  justice  continued  to  be  administered 
in  various  localities  in  the  form  and  spirit  of  moboc- 
racy. I  will  now  continue  the  chronological  record 
of  such  instances  as  have  come  under  my  obstirvation 
from.  June  1851,  where  it  was  dropped  in  a  former 
chapter. 

To  the  outward  observer  the  lines  between  \igil- 
iince  and  the  mob  spirit  were  not  in  every  instance! 
clearly  ap])arent.  For  example,  when  two  In'iians 
and  two  white  men  were  publicly  whipped  at  Benicia 
the  15th  of  July  1851  for  robbing  trunks  and  steal- 
ing horses,  the  latter  being  likewise  branded  on  the 
thigh,  the  actors  may  or  may  not  have  been  members 
oP  a  vigilance  committee. 


516 


E^ELICmES  AND  ALLEVIATIONS. 


iii    I 


Vii    I 


An  Indian  who  on  the  1st  of  August  attempted 
to  shoot  a  Mr  Verro,  was  taken  to  Johnson's  rancho, 
tried  before  a  jury  of  the  people,  sentenced  to  thirty- 
lashes,  and  the  punishment  inflicted  before  a  large 
number  of  his  tribe  there  present.  Considering  the 
circumstances  the  punishment  was  mild.  In  many 
localities  the  firing  at  a  white  man  would  have  in- 
volved the  massacre  of  the  entire  raneheria  of  the 
natives  who  did  it.  Notwithstanding  which,  if  every 
white  man  who  had  unjustly  or  unjustifiably  shot  at 
or  shot  an  Indian  had  been  given  thirty  lashes, 
there  would  have  been  many  sore  backs  in  the  great 
west,  to  say  nothing  of  the  east,  during  the  period  of 
its  pacification,  and  subsequently. 

At  Ophir  a  man  named  Haynes  was  arrested  and 
tried  b^  the  people  the  Gth  of  August  on  the  charge 
of  robbmg  a  miner  of  four  hundred  dollars.  The  evi- 
dence was  wholly  circumstantial,  and  the  jury  could 
not  conscientiously  convict  the  prisoner.  Without 
intending  to  hang  him,  they  thought  possibly  they 
might  extort  a  confession  of  guilt.  Taking  the  man 
to  a  tree  near  by,  they  threw  a  rope  over  the  limb  and 
told  Haynes  to  prepare  for  death.  It  was  a  ghastly 
joke.  The  poor  fellow  protestetl  and  prayed,  and 
finding  they  could  get  nothing  out  of  him,  his  tor- 
mentors finally  let  him  go.     A  very  moderate  mob. 

In  the  prison  at  Monterey  on  the  9th  of  August 
occurred  a  killing  which  approaches  nearer  to  murder 
than  does  even  mob  law.  William  Otis  Hall,  alias 
Bill  Woods,  had  been  adjudged  to  death  by  the 
people  the  April  previous  for  horse-stealing.  Rescued 
from  the  mob  by  the  authorities,  Hall  was  lodged  in  jail. 
Malcing  his  escape,  he  was  retaken,  tried,  and  sentenced 
by  the  court  to  four  years'  imprisonment.  About  mi 
night  of  the  date  first  named  a  party  of  eight  men 
masked,  with  scrapes  thrown  about  them,  broke  int 
the  jail,  gagged  and  bound  Marshal  Clapp,  pinioned 
the  prisoner,  then  winding  a  hide  reata  round  his 
neck  they  tightened  it  to  his  death.     This  act  was 


(i- 


() 


VARIOUS  PUNISHMENTS. 


817 


condemned  by  the  entire  press  tliroughout  the  state 
From  the  evidence  before  me  I  am  inclined  to  the 
belief  that  the  perpetrators  of  this  deed  wore  not 
citizens  of  the  place,  but  accomplices  of  the  prisoner, 
who  adopted  this  means  to  prevent  confessions  im- 
plicating themselves. 

On  the  10th  of  this  same  month  James  Graham 
and  Alexander  Leslie  went  out  prospecting  and  hunt- 
ing in  the  hills  near  Greenwood  Valley.  Leslie  carried 
on  his  person  six  hundred  dollars,  of  which  circum- 
stance Graham  was  cognizant,  and  he  determined  to 
obtain  the  money.  Falling  a  little  behind,  Graham 
l){)inted  his  gun  in  the  direction  of  Leslie  and  fired, 
the  shot  just  grazing  Leslie's  hair.  Graham  hastened 
to  apologize,  saying  that  he  aimed  at  a  squirrel.  But 
sliortly  after,  while  Leslie  was  stooping  to  pick  up  liis 
mining  tools,  Graham  fired  again,  with  buttei'  success, 
the  ball  entering  Leslie's  body.  Rifling  the  victim's 
pockets,  Graham  started  for  San  Francisc(j,  wliero  ho 
deposited  the  stolen  gold-dust,  with  twelve  hundred 
dollars  of  his  own.  Leslie's  absence  excited  the  sus- 
picions of  friends,  ami  they  pursued  and  captui-ed 
Graham,  who  denied  all  knowledge  of  the  fate  of 
Leslie.  In  the  mean  time  Leslie,  though  left  for  dead, 
was  not  mortally  wounded,  and  revived  sufficiently  to 
make  his  way  after  some  days  back  to  town.  When 
he  confronted  Graham,  as  denial  was  no  longer  of  usi-, 
(Jraham  explained  that  the  shooting  w^as  accidental, 
and  supposing  Leslie  was  dead,  he  thought  he  could 
make  as  good  use  of  the  money  as  any  one.  The  ex- 
planation did  not  satisfy  the  miners,  and  Graham's 
death  was  at  once  determined  upon.  To  use  the  lan- 
guage of  the  times  from  the  mouth  of  a  by-stander, 
"They  gave  him  a  big  drink  of  brandy,  set  him  on  a 
box  in  a  wagon,  ornamented  his  neck  with  a  hempen 
tic,  and  sent  him  cross-lots  to  where  all  murderers  go." 

Hugh  Morgan  about  this  time  was  convicted  of 
robbery  at  I^ed  Mountain  Bar,  on  the  Tuolumne.  He 
was  given  twenty-five  lashes  and  driven  from  the  place. 


I 


i  1  1 


SIS 


INFKLICITIES  ANl)  ALLEVIATIONS. 


i.  tJ 


At  the  Scptoinlxr  oluctioii  of  1 80 1  a  crowd  of 
voters  was  gatlioivd  in  fiont  of  a  saloon  at  Granite 
Basin,  smoking,  drinking,  and  entertaining  each  other 
witli  rude  jests  and  noisy  laughter.  Somewhat  apart 
stood  Aaron  Bradbury,  a  hard-visagcd,  cross-grained 
man,  but  withal  honest  and  industrious.  He  had 
gained  the  ill-will  of  his  fellows  by  his  unsocial  and 
morose  manner  rather  than  by  any  real  wrong-doing. 
As  the  crowd  became  excited  by  liquor,  their  (Conver- 
sation turned  on  Bradbury,  and  one  story  i  olio  wed 
another,  accusing  him  of  falsehood  and  of  improper 
intimacy  with  a  married  woman.  Hearing  his  name 
used,  he  drew  near  and  demanded  an  explanation; 
angry  words  ensued.  With  or  without  sufficient  cause 
he  drew  a  pocket-knife  and  stabbed  one  or  two  men, 
each  of  whom  was  more  powerful  than  himself,  in- 
flicting several  wounds,  but  none  of  a  serious  nature. 
Maddened  at  the  sight  of  blood,  the  crowd  rushed 
upon  him,  threw  him  down,  and  kicked  and  i)ounded 
liim  until  the  most  brutal  nature  should  have  been 
satisfied.  But  this  was  not  enough.  Binding  him  to  a 
chair,  they  hurried  him  off  to  hang  him  to  the  nearest 
tree.  Protestations  were  of  no  avail ;  no  extenuating 
circumstance  would  be  considered;  nor  would  they 
listen  to  his  prayer  for  trial  by  jury.  Reaching  u 
suitable  place,  they  released  him  from  the  chair  and 
stood  him  beneath  an  oak-tree.  Then  tying  round 
his  neck  one  end  of  a  rope  and  throwing  the  other 
end  over  a  limb,  twenty  strong  men  took  hold  with  a 
will  and  awaited  the  signal.  At  that  critical  moment 
three  men  stepped  foi'ward.  One  drew  a  knife  and 
severed  the  rope,  while  the  others  faced  the  crowd. 
There  was  a  quiet  but  bloody  resc^lution  in  their  eyes, 
and  the  half-drunken  hanucnien  saw  it  and  wavered. 
For  six  hours  they  faced  each  other,  those  of  the  law 
and  those  of  lawless  passion,  until  with  cooler  brain 
and  restored  reason  the  crowd  gradually  dispersed, 
leaving  the  law  to  dispose  of  the  case  in  a  less  sum- 
mary manner. 


fit  ■ 


AT  MOKELUMNE  HILL. 


510 


Ling 
hey 

cr    a 

and 
ouncl 
tlier 
itli  a 
niont 

and 
owd. 
eyes, 
ored. 
c  law 
brain 
Jl'scd, 

auni- 


During  an  all-night  dohauch  at  Weavervillo  two 
nion  of  Sydney,  Ilardgravus  and  Seymour,  waliced 
hither  and  thither,  they  knew  not  where.  In  the 
morning  the  former  missed  a  can  of  gold-<lust  worth 
a  thousand  dollars,  and  accused  his  comrade  of  the 
theft.  Accordingly  Seymour  was  taken  to  the  historic 
tree,  and  was  there  twice  elevated  and  twice  lowered. 
Urged  to  confess  guilt,  he  continued  to  declare  his 
iimocence.  He  was  finally  permitted  to  escape,  and 
shortly  after  Hardgraves  found  his  gold-dust  in  the 
chaparral  where  he  himself  had  droj)ped  it. 

On  board  the  steamboat  on  the  way  from  ^larys- 
ville  to  San  Francisco  in  October  was  a  passenger,  a 
man  of  Sydney  named  Griffin,  who  stole  a  Colt  re- 
volver, which  after  diligent  search  was  found  upon  his 
])erson.  The  bluster  of  indignant  bravado  which  Mr 
Griffin  raised  on  being  chargeil  with  the  irregularity 
did  not  save  him.  On  the  spot  a  court  was  organized 
by  the  passengers,  before  which  the  man  was  tried 
jmd  found  guilty.  Ther-e  happened  to  be  on  board  an 
unfortunate  lUinoisian,  sick  and  penniless,  who  was 
on  his  way  to  the  hospital.  It  was  ordered  by  the 
court  that  the  thief  pay  to  the  sick  man  the  sum  of 
one  hundred  dollars,  which  the  man  of  Sydney  was 
only  too  glad  to  do,  trusting  his  liberty  to  see  the 
sum  restored  front  the  first  unguarded  dust  upon 
which  he  could  lay  his  hands. 

One  of  those  wild  spasms  of  divine  right  so  fre- 
(juent  in  frontier  connnunities  occurred  at  Mokelumne 
llill  on  the  1 5th  of  October.  The  constable  iA'  the 
town,  Donahue,  for  fighting  arrested  one  Joseph 
Alexander,  an  Israelitish  Pole  twenty-five  years  of 
age,  a  man  of  considerable  talent,  well  educated,  and 
specially  adept  in  speaking  modern  languages.  On 
their  way  to  prison  the  l\)le  was  somewhat  saucy, and 
the  constable,  a  good-hearted,  well  meaning,  but  ])as- 
sionate  man,  struck  the  prisoner  with  a  revolver,  which 
exploded,  but  without  injury.  Another  shot,  acci- 
dental or  otherwise,  took  eifect  in  the  prisoner's  side, 


520 


INFELICITIES  xVND  ALLEVIATIONS. 


'I  a 


:,;  F  : 


which  caused  death  amidst  the  most  excruciating  pain. 
The  people  were  profoundly  moved.  Donahue  was 
taken  and  tried  by  a  jury  of  twelve,  with  two  citizens 
as  presiding  judges,  with  counsel  on  either  side.  It 
was  during  the  trial  that  the  Pole  died,  which  event 
terminated  the  deliberations  of  the  tribunal.  Throui^h- 
out  the  streets  of  the  town  a  gong  was  sounded,  sum- 
moning tlie  inhabitants  to  assemble  and  determine 
what  should  be  done  with  tliu  constable.  Many  were 
for  immediate  execution,  but  the  majority  favoring 
more  lenient  measures,  he  was  delivered  to  the  au- 
thorities. Such  action,  often  repeated,  on  the  part  of 
the  people  showed  at  all  events  the  presence  of  an 
earnest  desire  to  do  light. 

zVt  Mud  Springs,  near  Placerville,  on  the  8th  of 
November  an  old  man  named  Clark  was  attacked  in 
his  tent  by  Abner  J.  Dixon,  a  Wisconsin  youth  nine- 
teen years  of  age,  \vlio  cut  him  fearfully  with  a 
hatchet,  robbed  him  of  two  hundred  dollars,  and  left 
him  for  dead.  By  the  print  of  his  footsteps  in  the 
damp  earth  the  felon  was  traced  to  his  own  tent,  near 
which  the  old  man's  money  was  found  buried.  Dixon, 
who  though  young  in  years  was  old  in  sin,  was 
promptly  arrested,  tried,  and  executed  by  the  people, 
protesting  his  innocence  to  the  last. 

The  miners  about  Sonera  were  greatly  troubled 
with  robbers  and  cutthroats  during  the  autumn  of 
this  year.  On  the  night  of  the  1 4th  of  November 
there  was  a  regular  butchery  at  Turnersville.  The 
brothers  Steward  were  badly  cut  and  shot.  One 
Boose  was  killed  on  the  s[)()t,  and  another,  Olin,  died 
next  day.  One  of  the  gang,  Domingo,  was  cauglit 
and  hanged  by  the  people  immediately,  previous  to 
which  he  had  confessed  his  guilt  and  exposed  his  com- 
rades. Others  of  the  band,  which  was  composed  of 
both  Mexicans  and  Americans,  were  afterward  cap- 
tured and  executed.  This  was  the  hot-bed  of  assas- 
sination and  rol)bery,  and  for  a  time  the  law  did  not 
pretend  to  interfere  with  popular  executions.     It  was 


OPENING  OF  1852. 


521 


Bimpl y  a  war  between  those  who  lived  by  honest  work 
and  those  who  followed  robbery  as  a  profession.  A 
party  of  four  Mexicans  out  on  the  war-path  in  this 
vicinity  committed  thirty  murders  within  two  weeks. 

So  much  for  1851;  now  turn  to  1852.  For  horse- 
stealing at  El  Monte  and  thereabout,  a  man  calling; 
himself  Smith  was  arrested  on  the  2d  of  February. 
After  two  or  three  days'  imprisonment  in  Los  An- 
m^oles  he  was  taken  from  jail  by  the  people,  who 
gave  him  a  trial  and  adjudged  him  seventy- eight 
lashes.  A  singular  popular  freak  attended  the  exe- 
cution of  the  sentence.  An  Indian  was  appointed 
to  inflict  the  punishment,  when  Smith  objected  and 
asked  that  a  white  man  should  be  substituted.  Ten 
dollars  was  offered  to  any  one  who  would  perform 
the  repulsive  task.  The  offer  was  accepted  by  an 
American,  whose  dress  betokened  destitute  circum- 
stances. No  sooner  was  the  work  accomplished  than 
he  was  seized  by  the  crowd,  placed  in  a  blanket, 
and  tossed  violently  in  the  air.  This  was  repeated 
several  times,  when  the  poor  fellow  was  made  to 
fall  so  heavily  on  his  head  and  shoulders  as  to  se- 
verely injure  him  and  render  him  insensible.  The 
reason  alleged  for  their  brutal  conduct  was  that  any 
American  who  would  offer  to  whip  one  of  his  own 
countrymen  for  money  deserved  such  treatment. 

It  was  unsafe  at  one  time  for  even  a  native  Ameri- 
can to  steal  in  California;  but  men  of  dusky  skin  in- 
dul'ans:  in  such  an  offence  were  almost  sure  to  iind, 
ill  some  historic  tree,  A[)ollo's  best  gift — death.  In 
the  autumn  of  1851,  at  Newton,  a  black  man  was 
found  guilty  of  theft  and  whi[)ped;  in  the  spring  of 
1852  he  was  found  guilty  of  theft  and  hanged. 

Two  young  men,  supposed  to  be  Americans,  rode 
Into  Murphy  Diggings  the  8th  of  February  on 
horses  that  the  people  suspected  were  stolen,  and  it 
was  determined  to  watch  them  as  dangerous  charac- 
ters.    On  that  night  three  houses  were  entered  and 


'\  Hi  ' 

i  ^'^ 


522  INFELICITIES  AND  ALLEVIATIONS. 

robbed  of  five  hundred  dollars  in  money.  The  next 
morning  the  suspected  men  attempted  to  leave  town 
in  different  directions,  but  were  arrested  and  brouglit 
before  Mr  Vanderslice,  who  acted  as  judge  for  the 
people's  court.  The  guilt  of  the  young  men  was  easily 
proved,  as  the  money  was  found  in  their  possession. 
They  received  a  trial  and  were  sentenced  to  death. 
Neither  would  reveal  his  name  or  native  place,  and 
they  were  hanged  without  making  any  confession. 
One  of  them,  on  being  questioned  a  moment  previous 
to  his  execution,  said  with  an  oath  that  he  would  not 
confess  to  anything.  "But,"  he  added,  "understand 
that  I  am  one  of  the  brothers;  you  can  put  that  in 
your  pipe  and  smoke  it."  It  was  afterward  ascer- 
tained that  they  were  not  Americans,  but  criminals 
of  the  worst  kind  from  Sydney. 

A  poor  teamster  came  off  the  plains  with  a  single 
yoke  of  oxen,  which  he  sold  for  one  hundred  dollars 
in  gold-dust  to  a  person  who  left  the  place  innnediately 
after  the  i)urchase.  The  same  day  a  })urse  containing 
one  hundred  dollars  in  the  same  kind  of  dust  was 
stolen,  and  the  })oor  man  from  the  plains  was  sus- 
pected, arrested,  tried,  convicted,  and  deprived  of  his 
purse,  with  thirty  lashes  on  liis  bare  hack.  Burning 
under  the  wrong,  no  sooner  was  the  whijiping  ovei' 
than,  seizing  a  pistol,  the  teamster  placetl  it  to  the 
head  of  the  man  who  first  at^cuscd  him:  "You  are  tlie 
man  who  stole  that  money!"  he  exclaimed;  "I  know 
it.  Now  confess,  and  quickly,  or  as  sure  as  there  is  ii 
God  in  heaven  I'll  scatter  your  brains  as  I'ar  as  i)o\V(l(i' 
will  blow  tliem!"  Tlie  threatened  man  saw  murder  in 
the  eyes  of  his  accuser;  there  was  no  r.nstaking  it. 
In  tnitli  he  was  guilty;  so  he  drew  I'rom  his  ptx-lcct 
the  stolen  <lust,  whereupon  tlu^  enraged  ci-owd  sci/.cd 
and  hanged  him  to  the  nearest  tri^e,  and  raising  on  thi; 
spot  a  eontiibution  of  seventeen  hundred  dollars  pre- 
sented it  to  tin,'  beaten  teamster. 

Some  distance  .south  of  Stockton,  on  the  San  J<i;i- 
quin    Kiver,  a   negi'e;;s   set    lire  to  a  hos[)ital  out  of 


I 


* 


MARYSVILLE  IN  MARCH. 


523 


next 
town 
>ught 
r  the 

ssion. 
loath. 
3,  and 
;ssion. 
Dvioua 
Id  not 
rstand 
hat  in 
ascer- 
niinals 

,  suiglc 

dollars 

idiatuly 

itahiin«; 

.ist  was 

as  sus- 
of  his 

^urniui:; 
\cr  over 
to  the 
arc  the 
I  know 
lorc  is  a 
powdci' 
\Vi\cv  in 

kin;4  '*• 
i)()i'.\('t 

I  sei/t'*l 

;•  on  till' 

avs  pie 

fan  .1< 'Ji- 
ll out  »'t' 


spite.  As  she  was  known  to  have  done  it,  the  pro- 
jirictor  and  liis  friends  wore  about  to  han;^^  her  on  the 
spot,  yet  wlien  she  fell  on  her  knees  and  confessed  her 
crime  the  sentence  was  changed  to  whipping;  but  the 
wliip  being  placed  in  the  hands  of  a  too  vigorous 
American,  she  died  under  its  blows. 

The  miners  of  Big  Canon,  wlio  missed  several  arti- 
cles Tom  time  to  time  in  March,  having  discovered 
some  of  the  stolen  property  in  the  possession  of  a 
certain  person,  arrested  and  tried  the  culprit,  and  sen- 
tenced him  to  receive  twenty-six  lashes  on  the  bare 
hack.  The  punishment  being  duly  administered,  a 
committee  w^as  then  appointed  to  show  him  the  way 
out  of  camp.  Procuring  a  Chinese  gong,  they  pa- 
raded him  up  and  down  the  street,  calling  upon  all 
the  people  to  come  and  look  at  him,  that  they  might 
know  him  forever  after;  then  they  conducted  him 
two  miles  on  his  way,  and  parted  from  him  with  the 
injunction  that  should  he  ever  show  himself  again  in 
that  neighborhood  he  might  expect  to  be  hanged. 

jNIarysville  was  the  scene  of  great  excitement  IVom 
nine  o'clock  on  the  morning  of  ^larch  20th  till  three 
in  the  afternoon.  The  streets  were  thronged.  A  thief 
named  Tanner,  under  arrest  for  grand  larceny,  at- 
tempted to  forfeit  his  bail  and  escape  with  the  plun- 
der which  he  had  secreted.  He  was  captured,  with 
the  proof  of  his  guilt  upon  him.  A  peojjle's  court 
tiied  and  condemned  him,  and  demanded  his  life. 
The  mayor  endeavored  in  vain  to  restore  (juiet.  At 
last  he  produced  some  little  eifect  by  bringing  out  the 
(hstressed  wife  and  cliihh'eii  of  the  condennied.  1'hen 
threatening  to  use  force  of  arms,  the  authoi'ities  took 
the  prisoner  and  j)lac(!d  him  in  a  bnihiing,  before 
which  Recorder  Watkins  stood  witli  a  cocked  ]iistol, 
intimidating  tiie  near  api)roach  of  any.  The  build- 
ing was  surrounded  by  the  infuriattMl  crowd,  but 
Tanner,  securely  ironed  in  jail,  was  now  beyond  their 
rt  aeji,  and  the  multitude  were  constrained  to  disperse. 

A  crowd  of  miners,  numbering  two  or  three  hun- 


524 


INPELICITIES  AND  ALLEVIATIONS. 


dred,  collected  round  the  jail  in  Coloina  on  the  15th 
of  April  and  demanded  the  surrender  of  two  prison- 
ers, one  Henry  George  from  Sydney,  and  the  other 
William  ^Miller,  a  negro,  who  were  indicted  for  steal- 
m*x  over  seven  thousand  dollars.  The  sheriff  was  ab- 
sent  impanelling  a  jury,  and  the  jailer  was  forced  to 
comply  with  the  demand.  As  soon  as  they  had  ob- 
tained possession  of  the  men  the  crowd  hurried  them 
off  to  an  adjacent  tree,  and  without  ceremony  hanged 
first  the  negro  and  then  the  white  man.  Then  re- 
turning to  tlie  jail  they  demanded  Dougherty,  another 
prisoner  whose  trial  was  in  progress  at  the  time;  in- 
deed the  jury  were  then  deliberating  over  a  verdict. 
The  miners  sent  word  to  the  jury  that  they  would  l)e 
allowed  fifteen  minutes  to  Itring  in  a  verdict,  as  they 
should  hang  Dougherty  at  the  expiration  of  that 
time.  The  jury  soon  pronounced  a  verdict  of  guilty, 
and  the  prisoner  was  sentenced  to  ten  years  in  the  statc- 
pi  is((n.  When  the  sentence  was  announced  the  crowd 
made  a  rush  for  Dougherty,  but  were  quieted  by 
I'homas  Robertson,  whose  eloquent  appeal  induced 
them  to  disperse. 

White  Oak  Springs  was  the  theatre  of  one  of  those 
nnirder  and  lynching  scenes  which  Iiave  l)een  enacted 
in  almost  every  town  in  California.  James  Hughlett 
made  frequent  and  al)usive  attacks  upon  the  cliaractcf 
of  another  boarder  at  the  hotel,  Abner  Spencer  by 
name,  who  on  the  29th  of  Ai^ril  resented  one  ni" 
Hugldett's  remarks,  collaring  liim  and  throwing  him 
to  tlie  floor;  while  down,  HughU'tt  drew  a  knife  and 
stabbed  Spencer  so  severely  that  he  died.  Hughlett. 
was  arrested,  tried  by  the  people,  hurried  to  a  trei', 
and  hanged. 

Two  Frenchmen  while  asleep  were  murdered  near 
Jackson,  Calaveras  County,  in  May.  A  Mexican 
named  Chevorino  was  suspected  as  one  of  tlnj 
murderers  and  arrested  a  few  weeks  afterward.  A 
pn'liminary  examination  was  held  before  Justice  Mc- 
Dowell, and  the  man  was  connnitted  for  trial.     The 


CATALOGUE  OF  1852. 


62ft 


15tli 
ison- 
)tlier 
jtcal- 
ls  ab- 
ed to 
d  ob- 
thom 
angcd 
3n  rc- 
lotbcr 
ic;  in- 
crdict. 
•uld  bo 
LS  they 
f   that 
cuiltv, 
0  state - 
3  crowd 
ttcd  b_\ 
induced 

those 

nactcd 

urrldett 

laractir 

licer  by 

one   "' 

him 

lite  an<l 
U'Thlett 
a  tree, 

cd  near 
dcxieau 

of  the 
ird.  A 
pice  M*" 

I.     The 


n 


])eople,  impatient  of  dehiy  and  satisfied  of  his  ^uiit, 
took  him  from  the  authorities,  led  him  to  a  tree  in 
jVont  of  the  Astor  House,  put  a  rope  around  his  neck, 
and  attempted  to  liang  him.  In  their  hasty  prepara- 
tions they  had  neglected  to  tie  his  hands.  Catching 
the  rope,  he  loosened  it  about  his  throat  and  tliey 
were  obliged  to  lower  him  to  the  ground.  He  then 
look  advantage  of  the  opportunity  to  retract  his  prot- 
rstation  of  innocence  and  to  make  full  confession  of 
liis  guilt.     Then  he  was  hanged  in  peace. 

Four  Indians  attacked  a  man  who  w^as  travcllinir 
iiDni  Downieville  to  Maiysville  the  30th  of  May;  tliey 
t<liot  him  full  of  arrows  and  tlicn  clubbed  him  to 
(loath.  Next  day  the  miners  made  a  formal  demand 
(111  the  chief,  threatening  to  annihilate  tlie  raneherui  if 
the  murderers  were  not  delivered  up.  Four  warriors 
were  given  the  white  men,  wdio  found  guilty  and 
luinoed  three  of  them,  thus  inauffuratinjj  a  new  svs- 
torn  for  the  adjustment  of  Indian  difficulties  in  tliesc 
parts;  for  in  less  than  a  fortnight  thereafter,  that 
is  to  say  on  the  12th  of  June,  when  one  (^onistock 
was  killed  with  arrows  l)ctwcen  Marysville  and 
Bridgeport,  the  chief,  Wcmah,  was  t(^l(l  that  lie 
must  produce  the  murderers  or  be  murdered  hlmsiiH'. 
Choosing  the  former  alternative,  he  delivered  two  of 
thi;  tribe  to  the  people  of  French  Corral,  who  applied 
the  hempen  remedy  incontinently. 

James  Edmondson,  commonly  known  as  Jim  Ugly, 
was  executed  l)}*  the  [)eople  at  Yankee  Jim  in  1852. 
Here  as  elsewhere  during  the  grand  carnival,  fights 
of  (n'cry  description  In  wlih^i  life  was  freely  risked 
uirI  often  lost  were  of  frequent  occurrence.  Now 
and  then,  when  a  killing  occurred  of  a  nature  more 
»  xasperating  than  usual,  or  if  the  slayer  was  a  des- 
ji'iiite  character,  a  noted  desperado,  or  a  gamblei',  or 
if  the  man  killed  was  respected  or  popular,  there 
Would  be  a  trial  and  an  execution;  but  if  the  com- 
batants were  c([ually  matched,  and  the  tight  fair,  but 
little  notice  was  usually  taken  of  deadly  results. 


526 


INFELICITIES  AND  ALLEVIATIONS. 


r  ■ 


Early  in  Juno  Mr  Hoofins,  a  valuable  citizen  of 
Nicolaus,  was  murdered  by  a  negro  named  Hideout. 
The  man  was  arrested  and  after  a  trial  was  hanged 
by  the  people. 

John  Jackson,  from  the  upper  part  of  Plumas  River, 
went  on  the  evening  of  June  10th  to  the  house  of 
one  Baker  and  his  wife,  a  Swiss  couple  in  Yuba  City, 
and  asked  for  food  and  a  bed,  which  were  given  him. 
Next  morning  Baker  went  to  Hock  Farm,  leaving 
Jackson  in  the  house.  Baker  returned  at  noon,  and 
his  wife  was  missing;  he  was  met  by  Jackson,  who 
tried  to  shoot  him,  but  the  pistol  missed  fire.  Baker 
went  after  his  pistol,  but  that  was  gone.  Meanwhile 
Jackson  took  a  horse  and  rode  off.  Baker  took  an- 
other and  followed,  having  first  alarmed  the  neigh- 
borhood.  Jackson  was  soon  caught,  and  on  him  were 
found  thirty  dollars  and  Baker's  pistol.  The  body 
of  the  woman  was  discovered,  with  marks  on  tli«' 
throat  and  three  bullet-holes  under  the  left  breast. 
A  law  jury  sat  upon  the  case;  but  without  waitiiii^' 
for  its  verdict,  the  enraged  people  threw  a  lasso  ruum! 
Jackson's  neck  and  hanged  him  to  the  nearest  tree 

One  night  near  Weaver  Creek  the  apartment  i>f' 
a  Mexican  gambler  named  Lopez  was  entered  by  tivi^ 
burglars.  One  of  them  kept  a  pistol  at  Lopez'  head 
while  the  others  rilled  his  trunk  of  its  contents.  Tin 
robbers  were  arrested  in  the  act.  A  jury  chosen  from 
amonij:  the  citizens  sentenced  them  to  thirtv-nin^i 
lashes  each,  which  were  duly  admini.stered. 

A  ^lexican  boy  named  Cruz  Flores  was  also  ti'ieil 
by  the  peoj)l(!  at  Jackson  on  the  1  Ith  of  June  as  a  con- 
federate of  Cheverino.  Guilt  was  not  proved  to  thcii' 
satisfaction,  so  they  turned  him  over  to  the  civil  au- 
thorities. Several  hundred  Frenchmen  were  })reseni , 
armed  with  double-barrelled  shot-guns  and  ])istols,  an<l 
when  the  decision  of  the  peo[)le's  jury  was  aimounced, 
the  countrymen  of  the  murdered  man  made  a  ru>li 
for  the  prisoner,  demanding  his  life.  During  the 
struggle  the  bov's  arm  was  broken.     After  a  hall' 


CAT.VLOGUE  OF  1852. 


Til- 


tVKMl 

la  coii- 

1)  tlu'ir 

il  au- 

rcscm . 
lis,  un<l 
luncctl, 
li  ru>!i 

k  til'' 

^°  hall- 


hour's  contest  the  infuriated  Frenchmen  succeeded  in 
capturing  the  boy,  and  dragging  him  to  a  tree  they 
hani^ed  him,  one  of  them  holdinj;  to  his  leijs  until  life 
was  cxtmct, 

A  man  named  Williams  was  discovered  taking 
nioncy  from  the  clothing  of  a  man  who  was  asleep  at 
the  Placer  Hotel,  Placcrville,  at  daybreak  the  loth 
of  June.  The  boarders  administered  the  punishment, 
banishin*;  him  from  town  after  having  jriven  him 
kicks,  blows,  and  twenty-five  lashes  on  the  bare  back. 
This  was  the  third  case  of  the  kind  at  Placervillo 
that  spring. 

A  man  named  Dunn  was  arrested  upon  suspicion 
of  having  stolen  twenty-five  thousand  dollars  from 
Dii^iis  and  Anderson  at  Caclie  Creek  on  the  1 7th  of 
June.  He  was  taken  to  a  tree  and  strangled  a  little 
to  extort  a  confession ;  a  second  and  a  third  trial  uf  the 
same  kind  were  made,  the  last  nearly  proving  I'atal. 
As  he  persisted  in  protesting  his  innocence  and  total 
ignorance  of  the  theft  the  torture  was  discontinued 
and  the  prisoner  liberated. 

A  Frenchman  named  Raymond  deliberately  mur- 
tlercd  a  Chinaman  at  VtW  Bar  on  the  Cosumnes  in 
June.  He  was  tried  by  a  iurv  «»f  twelve  men  and 
was  innnediately  hanged  by  Lhe  people.  Few  in- 
stances of  this  kind  are  on  record  where  a  wliite  man 
jtroniptly  receives  his  deserts  for  the  murder  (tr  nial- 
treatnjcnt  of  a  Chinaman  or  a  native,  and  it  s[)eaks 
volumes  for  the  fair  dealings  of  the  niineis  of  that 
locahty. 

The  4th  of  July  this  year  came  on  Sunday,  and  was 
celebrated  at  Eui'e!:a  '>y  eliastising  a  fellow  named 
Francis  Boyd,  who  h;.u  stolen  a  quantity  of  barley, 
fie  was  given  a  dozt-n  lashes  on  the  bare  back,  and 
warned  to  roll  up  his  blankets  and  leave  the  diggings 
within  thirty  minutes. 

'i'lie  town  of  Columbia  has  its  Broadway,  as  has 
evi'ry  mining-caujp  by  whatever  name  called;  and 
gathered  round  a  tree  standing  at  the  upper  end  of 


028 


INFELICITIES  AND  ALLEVIATIONS. 


it.  • 


■ 


h 


this  busy  street  on  the  7th  of  July  miglit  have  been 
seen  an  excited  crowd  with  some  object  in  their 
midst  which  commanded  their  violent  attention.  It 
was  an  old  man,  prostiate  beneath  the  tree,  half 
strangled  by  the  rope  which  encircled  his  neck  as  it 
hung  loosely  from  a  limb.  Every  now  ami  then  his 
tormentors  would  seize  the  rope  and  pull  upon  it  until 
the  old  man  was  lifted  a  few  feet  from  the  ground, 
when  they  would  let  him  down  again.  WJiy  was 
this?  The  miners  were  by  no  means  a  cruel  people; 
children  and  old  age,  next  to  women,  connnanded 
llieir  tender  sympathy.  This  seemed  harsh  treatment. 
Assuredly  it  went  against  their  feelings;  but  the}' 
felt  that  crime  must  be  put  down  at  any  cost,  and  sus- 
picion pointed  to  the  old  man  as  guilty  of  crime.  It 
appears  that  one  Yi^tes,  on  his  way  from  his  claim  to 
the  town,  dropped  11-  purse,  containing  twelve  hun- 
dred dollars  in  gold-dust.  Near  the  spot  where  he 
thought  he  nuist  have  dropped  it  the  prisoner  was 
seen  to  pick  up  something.  On  being  questioned  he 
stiuitly  denied  any  knowledge  of  it;  nevertheless  tJie 
magistrate  committed  him  for  trial.  Speculation 
then  began  to  spread  about  the  town  as  to  the  prob- 
able guilt  of  the  accused,  until  curiosity  getting  the 
better  of  discretion  they  proceeded  to  the  [)rison  and 
l)orrowed  the  prisoner  from  the  law  until  they  should 
satisfy  themselves.  For  a  time,  between  the  sliort 
intervals  of  his  suspension,  the  old  man  continued  to 
tleny  his  guilt;  finally,  fearing  lest  one  of  the  up- 
liftinjjs  should  be  a  trille  too  lonu',  and  being  u:enerallv 
uncomfortable  under  the  treatment,  he  confessed,  dis- 
covered to  them  the  money,  and  was  banished. 

Mob  law  in  its  reckless  course  aflbrdetl  oj^portunity 
for  the  dis})lay  of  personal  vindictiveness,  and  even 
for  shielding  the  guilty,  the  accuser  sometimes  him- 
self beinu:  the  criminal.  Such  an  instance  occurred 
seven  miles  from  Mariposa  in  Augu.st,  when  Moore 
and  Company's  store  on  Sherlock  Creek  was  entered 
and  robbed  of  nine  hundred  dollars.    Suspicion  fell  on 


CATALOGUE  OF  1853. 


5jy 


an  old  man  named  Johnson,  who  was  at  once  arrustud 
by  a  mob  instigated  by  a  young  man  named  Carrico. 
Johnson  was  taken  to  a  tree  some  Httle  distance  away, 
and  being  suspended,  was  strangled  until  life  was 
nearly  extinct,  while  Carrico  and  others  demanded 
that  he  should  tell  where  he  had  secreted  the  money. 
The  unfortunate  man  denied  any  knowledge  of  rob- 
bery; though  cruelly  lashed,  he  would  not  retract  the 
statement.  Carrico  then  proposed  that  they  should 
lay  him  on  a  bed  of  hot  embers,  and  at  the  same  time 
use  other  tortures  too  cruel  to  mention,  but  the  crowd 
refused  to  indulge  him  further  and  released  the  pris- 
oner. 

A  few  days  after,  Carrico  left  the  place  under  cir- 
cumstances that  aroused  the  suspicions  of  the  miners. 
They  pursued  him,  and  U[)on  his  arrest  discovered  on 
his  person  the  gold  for  the  theft  of  which  [loor  John- 
sou  had  been  tortured.  Carrico  received  a  trial  before 
;i  legal  court  and  was  sentenced  to  five  years  in  the 
>l  ate-prison:  a  less  punishment  than  his  villainy  seemed 
to  deserve.  If  the  same  mob  that  had  so  uni'eelingly 
jiersecuted  the  old  man  had  turned  its  vengeance  upon 
this  callous  wretch,  ai)plying  to  him  tlie  ti'eatnient  hi' 
had  himself  proposed  lor  another,  the  connnunity  would 
have  symi)atliized  with  them,  and  would  have  upheld 
their  proceedings.  ♦ 


Christopher  Ferril,  living  in  a  cabin  on  Murphy 
(iuK'h,  Calaveras  County,  was  discovered  on  the  8th 
<  r  January  1853  to  have  considerable  stolen  property 
ill  his  possession.  He  was  given  twenty-live  lashes 
"11  the  bare  back  and  driven  from  the  place. 

David  Spence's  rancho,  on  the  Salinas  River,  was 
visited  by  some  Mexican  horse-thieves  infesting  that 
section.  Pursued  by  the  mayordomo  and  others,  two 
Mexicans  were  caught  hiding  under  the  bushes  be- 
tween Gilroy  and  Pajaro.  They  were  bound  and 
oouimitted  to  the  ^Monterey  jail  for  trial;  but  the  in- 
habitants of  San  Juan  preferred  to  see  justice  awarded 

Pop.  Tbib.,  Vol.  I.    31 


IB9i' 


INFELICITIES  AND  ALLEVIATIONS. 


My     '" 


at  once  to  tlie  scoundrels  whose  depredations  had 
cost  thenj  so  dear,  and  taking  them  fi'oni  tlie  officers 
they  were  hanged  on  a  gallows  the  8tii  of  February. 
Three  Chinamen  went  into  a  store  at  Mud  Springs 
on  the  11th  of  February  for  the  ostensible  j)urpose  of 
making  some  purchases.  While  the  proprietor  was 
showing  some  boots  to  one  of  tliem  in  another  room, 
tiic  others  took  the  money-drawer  and  left  the  store. 
The  merchant  soon  discovered  his  loss,  and  had  litth; 
difficulty  in  tracing  the  Chinamen  to  a  tent,  when- 
they  were  found  dividing  the  nine  hundred  dollars 
which  thev  had  stolen.      Thev  were  at  once  arrested, 

•'  t,'  ' 

taken  to  the  niain  street  (jf  the  town,  and  jit  tlie  de- 
mand of  the  excited  assenddage  were  haiii^ed. 

Near  Shasta,  at  a  place  called  Whiskey  Creek,  a 
barkeejH'i-  in  Aj)ril  became  exasperated  at  sonu^  insult 
fj-«»m  a  fe]low-(Mtizen  and  sliot  him.  He  was  seized  at 
once  by  the  peo])le  and  hanged  within  a  few  hours. 

In  April  t\v(>  jSTexican  horse-thieves  weie  arrested 
near  Maitinez  and  hanged  by  a  mob. 

During  tlu!  sj)iiiig  of  1  Hr>8  there  was  a  gang  of 
Chil(>an  desperadoes  encamped  at  a  creek  two  miles 
below  the  town  of  Jacicson.  They  [)retcnde(l  to  work 
in  the  mines  oecasionally,  but  in  reality  depended  on 
robbery  for  a  livelihood.  A  conn)any  of  Chinese 
worked  near  the  Chilean  encampment.  On  the  27tli 
of  'luly  the  Chileans  made  a  riiid  upon  the  Chinese, 
killinjjf  one  man  and  stealing  several  hundred  dollars. 
One  of  the  Chileans  was  captured  l)y  the  Chinese, 
who  sent  to  town  for  assistance.  Fifty  armed  nun 
eame  to  the  rescue;  when  they  arrived  they  found  the 
]»risoner  being  tortured  by  the  infuriated  Chinese. 
Tlie  Chilean  was  taken  to  town  and  kept  in  custody 
until  morning,  wIkju  he  was  executed  in  the  presence 
of  a  thousand  people.  Vengeance  extraordinary  ^^ .is 
directed  against  the  Mexicans,  Chileans,  and  Indians. 
A  complete  catalogue  of  crime  with  the  sharp,  swift 
vengeance  of  self-appointed  justice,  would  fill  ;i 
volume.    In  the  southern  mines  a  week's  record  et' 


CATALOCJUF-:  OF  1853. 


m 


atrocities  coming  tinrlcr  the  observation  of  one  man 
<'onsisto(l  of  tliroo  Mexicans  liangcd  on  suspicion  of 
assassination:  sc^von  Mexicans  sliot  in  a  ijfamMiniLr- 
snloon  on  a  charge  of  clieating  at  cards;  two  Mexicans 
lian^jud  for  robbinji:  a  claim;  one  man  lianj'ed  for 
murder,  and  a  rancheria  of  natives  massacred  for 
killing  and  eating  a  stray  hoi'se  -pretty  livi  iy  but(!liery 
foi-  one  locality. 

A  quarrel  occurred  at  American  Flat  on  the  •J.'.d 
of  May  between  a  jSTcxican  and  one  Jelfnv  Lewis 
over  a  game  of  cards.  The  nien  were  separahul  afti'r 
!in  exchange  of  blows.  Next  day  tlnj  Afexican  ap- 
proached Lewis,  and  without  a  word  shot  him  dead 
and  immediately  escajuid.  A  party  |)msued  him, 
hut  failing  in  their  atteni}*!  to  ca[)ture  him,  ai- 
losted  two  of  his  (;vil  associate  One  of  them 
made  his  escape,  but  the  other  was  tried  by  mob 
law,  found  guilty  enough  foi*  all  ])ractical  nurjjoses, 
and  hanged. 

A  Chilean  vaqucro  at  Mokelunuie  Hill  wns  sus- 
pected in  June  of  having  stolen  stock  fi-om  Jose[)h 
Kirk  and  his  brothei-,  ranchei's  in  San  Joaipiin,  and 
was  seized  and  j)unish(;(l  by  them.  With  the  assist- 
ance of  McKee  Haney  the;  ( 'liilean  was  subjecte(l  to  a 
sevei'c  beating,  and  his  bare  back,  feai-fully  lacei'ated, 
was  exposed  to  the  sun  for  several  hours,  lie  was 
at  last  liberated,  when  he  returned  to  his  home,  where 
his  story  excited  the  sympathy  and  indignation  of  his 
rountrymen.  They  raised  ilw.  sum  of  one  hundi-cid 
and  iifty  ounces  of  gold-dust  to  defray  the  t'X})ense 
of  a  jirosecution,  as  they  wished  to  see  what  sort  of 
justice  the  courts  administei'ed.  In  the  mean  time 
"'He  of  the  Kirks  appeared  on  the  street  in  AFo- 
Ivohmme  Hill,  and  was  recognized  by  a  mounttnl 
Chilean,  who  quickly  threw  a  lariat  over  his  head, 
lie  would  have  dragged  him  to  his  death  but  for  the 
interference  of  the  vaquero  who  had  beeti  so  brutally 
tieated  by  him.  The  vaquero  insisted  that  his  enemy 
should  have  a  fair  trial  before  the  courts.    Thercu])on 


Ih     \\ 


:  i; 

i 


632 


INFELICITIES  AND  ALLES^IATIONS. 


rill 


Kill;  was  liberated,  and  tliougli  })ursuod,  succoodcd  in 
iiuikinj^  liis  cHcape. 

A  drunken  lellow  named  Vivian  assaulted  Marto, 
a  S[)aniard,  at  Condenuied  Bar  on  the  4tli  of  July, 
v'licn  Marto  in  scH'-def'en<;i'  stabbed  Vivian.  The 
mob  spirit  was  at  onco  aroused,  and  tliouiijli  the 
wounded  man  was  still  living,  tli;-  |)oo[)lo  determined 
that  the  Spaniard  should  be  banned.  Marto,  actinj^ 
uj)on  the  advice  of  .ludj^e  Peterson,  who  tiioUL^ht  the 
deed  justiliable,  attempted  eseapc;  by  j)luiitjfin!j^  into 
the  river.  iJet'ori'  he  was  hall'  across  he  was  shot  at 
and  killed.  A  by-stander  [)ronounced  the  j)roceedinir 
an  outrage;  he  had  no  sooner  expressed  the  opinion 
than  he  was  killed  by  the  mob.  In  their  unreasoning 
blood-thirstiness  tluiy  talked  of  taking  the  life  even 
of  Judge  IVterson. 

But  vei-y  dilferent  were  some  of  their  executions 
where  calumess,  oi'der,  and  philosophic  coolness  char- 
actei'ized  all  theii'  j)roceediiigs.  A  g(;iitleman  at  tlu; 
diggings  learned  that  a  man  had  ix'eii  arrested  for 
robberv  in  a  minhborinn'  cami)  and  was  to  be  executed. 
It  ci'eated  no  excitement,  i)ut  as  lie  was  cu.rious  to  see 
the  affair  he  walked  over  to  the  locality.  Unac(|uainte(l 
with  any  one,  he  sjjoke  to  a  man  standing  apart  from 
the  others. 

"  Will  you  tell  me  which  is  the  man  to  be  lumged?" 

"  I  believe  it's  I,  sir,"  was  the  reply,  without  change 
of  countenance.  Half  an  hour  afterward  he  was 
hanging  from  a  tree,  and  the  conununity  quietly  dis- 
persed. 

John  Clare  and  Andrew  Cracovitch,  fishermen, 
had  a  serious  rpiarrel  about  their  fish-tackle  on  the 
IGth  of  August  1853.  Clare  angrily  walked  away, 
and  procuring  a  pistol  concealed  himself  behind  some 
lumber,  where  he  lay  in  wait  for  Cracovitch.  Soon 
after  Cracovitch  passed,  and  Clare  tired,  killing  him 
instantly.  lie  was  arrested  and  placed  in  jail,  wher( 
ho  boldly  acknowledged  the  assassination.  On  the 
following  day  the  mob  dragged  him  from  his  cell,  and 


catal(m;uk  of  i^.^. 


■cLvr 

was 


tiiking  him  to  the  place  wliciv  \\v  luul  shotC'racovitch, 
hanged  hiiu  tliei-e. 

Spanish  Ciiailey,  a  biill-fij^Miter,  convictefl  hy  a 
people's  jury  '"t'  niunler  at  (iibsiMiville  in  Auufiist, 
when  brought  forth  Inr  execution,  though  he  denied 
that  he  was  guilty,  manifested  not  the  slighest  emo- 
tion. Binding  the  handkerchief  over  his  t^yes  with 
his  own  hands,  when  all  was  ready  he  threw  himself 
from  the  platfoi-m.  [n  this  trial  and  ex»  cutiou  the 
people  of  (jiibsonville  were  entitled  to  praise  for  one 
thing:  from  daylight  until  after  the  ex(>cution  every 
store  in  the  j)laee  refused  to  sell  li(pior,  and  the  <'on- 
sequcnce  was  that  of  the  thousand  men  present  l)ut 
two  were  intoxicated,  and  they  were  in  that  condition 
betbre  coming  upon  the  ground. 

During  the  month  of  October  two  Irishmen  made 
a  complaint  against  two  Frenchmen,  whom  they 
accused  of  havinu'  stolen  iifte(Mi  hundred  dollars  fi-om 
them. 

not 
However  tliey  wc  re  arrested,  and  wetc  being  taken  i'nv 
trial  to  Sonora  by  the  constable  when  they  were  met 
by  a,  mob  of  loafers  and  gamblers  that  the  Irishmen 
had  collected,  and  upon  their  demand  the  constable 
was  forced  to  i'elin(piish  his  j)ris()ners.  The  mob  tlien 
j-roceeded  to  a  large  trt'c,  wlu>re  they  sus])t'nded  tlu; 
Frenchmen  so  that  their  feet  just  touched  the  ground, 
ho[»ing  to  make  them  contess.  Other  l^'renchmen 
stood  by  and  urged  their  c<)nntrymeu  to  admit  their 
guilt,  but  only  received  their  reiterated  as.sertions  of 
innocence.  The  piisoners  w  ;re  at  last  liberated,  but 
not  until  their  friiiids  had  ])romised  to  bi;  resjxynsible 
lor  the  fifteen  hundred  dollars  in  case  the  men  were 
found  guilty  after  a  fair  trial.  It  was  thought  possi- 
ble that  the  li'ishmen's  story  of  the  robbery  was  with- 
out  foundation,  and  that  this  method  was  used  in  the 
hopes  of  extorting  money  from  the  Frenchmen. 

During  this  same  month  a  Frenchman  who  ap- 
peared not  entirely  in  his  right  mind,  at  or  neai'  Yreka 


The  Frenchmen  were  industrious  men  of  good 
character,  and   wire    not    generally   believed   o'uiltv. 


^1 


I 


534 


INFELICITIES  AND  ALLEVIATIONS. 


coiumittod  lu»inici<le.  Ho  was  arrested  and  hanged 
by  a  i)arty  from  (iroenhorn  Creek, under  circumstances 
too  (lisii^ustinj^'  to  be  described. 

Some  Spuiiish  des[)eradoes  while  in  Alvarado  on  the 
2)](l  of  Xovembi'r  fired  into  a  hotel;  then  [)roceeding 
to  the  Catholic  church  they  broke  all  the  windows. 
After  this  mischief  they  started  for  the  mountains, 
and  lia|)i)ciiini>'  to  meet  an  American,  Fraidi  Devol, 
lired  at  him,  two  shots  passing'  through  his  coat. 
Devol  with  some  iVicnds  |)ursue(l  the  Spaniard  s  wlio 
made  a  desi)erate  efibi-t  to  chide  them.  The  Americans 
finally  su<'cceded  in  c-atchint,^  one  of  them  .ind  brought 
him  back  to  Alvarado,  where  a  prcliminarv  trial  was 
held.    At  midni!H"ht  on  the  1  ;")th  the  citi/(ii.>  itrocecdrd 


to  ih 


ic    jail,  ()\'erj»owercd    the  guai-d,  ;ind   ta!;mij;'  the 
pi'isoiK'r  t(t  .Vlameda  bridn'c,  Iian^ed  him. 

On  a  \o\cnibci-  Sunday  in  m  saloon  at  Columl)!a 
an  Ltaliaii  invited  :in  American  to  <b'ink.  The  latter 
refused-   thi'    Italian  w<»uld  force  him,  but   in   retuiii 


reci'ived  a  s(  \'ere 


bl 


i>\\  in 


the  f; 


ice, 


Tl 


lis 


infurlat  'd 


th. 


Ital 


Kill    th.'it 


lie 


klille  :i 


lid  killed  him. 


upon   the   ,\meiiean  with   :i, 


he  murderer  was  imnie( 


liatel 


\ 


arresied  by  a  constable,  i)Ut  the  e.\cited  miners  wresti'd 
tlu!  |)risoner  from  the  ofljcci-  of  the  law,  drau^Li-ed  him 


bv  the    hair  throU"'h    the  strc-c^tf 


i.(  • 


a    ti'ee 


>itiiat( 


on  a  111  I 


;  haiiircu  liiiii. 


Tl 


le  liml)  lirealciiin',  lin 


lie 


ever,  befor(  life  v.as  extiiicT,  and  (he  passions  of  t 
peo])le  haviuij^  cooled  meanwhile,  (!iey  thoiiL^'ht  ht'ttir 
of  their  course,  formed  tlK'iiiselves  into  a  Jury,  tried 
and  convicted  the  prisoner,  and  then  turned  him  oni  r 
for  punishment  to  the  cixil  aulhoiitie.- 


Th 


ei'e  Were  *>•(»( 


)d  Chin.'tmeii  and  bad  (Miinameniii 
those  days  -more  [;articularly  baxl  ( "hinanien.  -loliii's 
favorite  rascalit\'  was  the  robbiii'''  (»f  shiii-e-boxes. 
Sometimes  the   miners  did   not   clean  up  their  wa 


Sll- 


inii's  for  severa 


1  di 


IVS  or  Weeivs 


al  a   tiiiK'.  but   left  th 


gold  with  the  debris  at  the  bottom  of  the  sluices,  and 
tln^se  the  Chinamen   used  to   like   to   clean  up  llieiii 
selves  at   iiiLrht,  when    no  one  saw  them.      rnforln 


THE  CASE  OF  PETER  NICHOLAS. 


535 


uately  for  thoiu,  .six  of  their  imiiibcr  were  cauj^lit  at 
this  pastime  one  Saturday  night  on  French  Hill  bv 
those  who  had  lonj;  been  watchin<'  for  them.  Two  of 
tlieni  were  broujrht  to  the  [)ost  and  given  fifty  lashes 
each,  and  tlieir  queues  taken  from  them:  the  others 
sli[)[)ed  from  tlie  fingers  of  the  avengers,  'i'his  taught 
both  the  good  and  bad  Chinamen  a  lesson.  The  lattei- 
were  induced  to  be  more  circumspect  in  their  stealing, 
or  more  especially  in  ihv'w  escaping,  while  the  former 
W(.re  not  backward  thereaftei'  in  tying  to  a  tree  and 
whip[)ing  any  of  their  own  number  wlu'uever  occasion 
seemed  in  their  eyes  t<>  demand  it. 


ted 

1 ! !  1 1 

ited 

the 

tter 

•ie.l 

•  Ml' 


'U  m 

•hn's 

)\es. 

ash- 

thr 

au'l 

lelii 

)rtn 


Sunday  was  an    uueasy  day  of  rest  for  the  iiiiiiei' 
life  was  di\idi'(l,  not   uiie(|ually  in  many  case 


whose 


between  work  and  wickedm^ss.  Thouu'h  not  a  workiiiijf- 
<lay,  its  sacrediiess  had  been  left  at  home,  and  it  v,as 
now  made  th<'  sea|>e-goal  of  all  the  oth<  rtlays.  It  w;is 
iheii  that  iiiiiieis  washed,  baki'(|,  and  niendetl;  on  Sun- 
day those  wiio  (lug  at  distant  eam[is  came  to  town  for 
their  Week's  sup[)ly.  Their  di'udgery  done,  all  hand:- 
turnt!d   their  atlention   to  < 


levilt 


ly;    some  e\'  n    neg- 


lected di, Wasteful  duties  thnt  they  might  the  ni<»r( 
wliolly  consecrate  the  day  to  Satan,  it  seemed  almost 
a  matter  of  ewnscienc"  with  some  to  drink  tiiemselves 
insanii  before  nightfall,  and  sup|)lement  thr  day  by  an 
e\ening  of  tran(|uil  inebriety. 

IV'tei"  Nicliolas,  an  Austrian  workin<>-  at  t 'olumbia 
in  IS'),'!,  was  usua!l>  ready  for  his  rounds  before  noon, 
so  that  by  three  or  I'oui' o'ehtek  he  was  (piite  hilarious. 
Such  was  hi.,  condition  wlien,  in  the  afternoon  ol' 
Noveinbei'  lllth,  with  two  companions  he  i'uteied 
th^'  store  of  ( '.  11.  AUerihng,  at  the  corner  «jf  Main 
^(•n    streets,    and    opened    hanter    with    one 


an<l 


Jack 


.lohn  Parote,  a  minei-  from  IMne  i.iog,  who  was  tlu-re 
traihnjr. 

"I  say,  nuster,  what's  your  name;"'  began  Pete. 
Parote  deigiu'd  no  re])ly. 

"Well,  then,  wlure  <lo  you  live!'"     Still  no  reply. 


F 


; 


I 

i  I  n 


I. 


i; 


r.3i; 


INFELICITIES  AXD  ALLEVIATIONS. 


"Do  you  know  where  you  came  from?  What 
country  do  you  belong  to?"  continued  Pete. 

"  I  belong  to  all  countries,"  replied  Parote;  "I  am 
a  Californian." 

"That  won't  do,"  persisted  Pete;  "I  want  to  know 
Avliat  countryman  you  are?" 

"All  right — I'm  an  Irishman,"  said  Parote;  "does 
that  suit  y<ni!'" 

"No,  it  don't!"  exclaimed  Pete,  seizing  tlie  other 
bv  the  collar. 

"Let  me  go!"  demanded  Parote,  endeavoring  to 
release  himself. 

"No,  I  won't!"  cried  Pete. 

Thereupon  Parote  struck  liis  tormentor  in  the  face, 
struck  him  twice,  and  struggling  to  i-elcaso  liimself, 
fell  backv.  ard  over  a  bag  of  sugar,  dragging  liis  assail- 
ant after  liini. 

"Hold  liiiii!"  ciicd  one  of  the  drunken  man's  com- 
jnuiions,  springing  forward.     "  Pete  has  a  knife!" 

The  W('a{)on  was  secured,  but  not  until  tlio  Austrian 
had  made  three  passes  at  Parf>te,  wh(^  at  the  last 
thrnst  I'liod.  "I  am  struck!"'  and  fell  back  prostrate. 

The  Austrian  was  arrested,  taken  h-rf-re  Justice 
Cardey  i<>'  cxaniinjition,  and  committed  for  trial. 
Columbia  having  then  no  jail,  the  prisoner's  leg  was 
jiadlocked  to  a  staple  in  the  floor  of  a  room  adjoining 
the  justice's  otlicc,  and  a  guard  set  over  him. 

Meanwhile  inl'ormation  of  the  aifair  spread,  and 
soon  miners  wore  seen  coming  in  from  every  direction 
to  detorniinc  what  should  be  di'iu  .  Particularly  weri' 
those  from  Pine  Log  interested,  for  there  the  wounded 
man  had  many  friends  in  no  wise  disposed  to  n'gard 
lightly  the  stab!)ing  of  a  comrade  at  Columbia.  An 
day  change  I  into  night  so  darkened  their  mood;  nd 
by  ncx!  iMoniing  the  niattei;  was  arranged.  Auer 
breakiitst,  quieUy  and  openly  a  eor>pany  of  miners, 
the  majority  of  whom  were  Pine  Logites,  proceeded 
to  the  justice's  other,  pried  with  a  crow-bar  the  staple 
from  the  floor,  and  despite  the  expostulations  of  the 


SOLOMON  THE  SHERIFF. 


537 


ofuard  took  Nicholas  to  the  gulch  south-west  of  the 
Inroad  way  Hotel  and  there  made  ready  to  hang  him 
to  a  tree.  The  ropo  was  round  his  neck  and  over  the 
limb,  but  before  the  word  was  given,  the  constable 
and  an  assistant  were  np  the  tree  trying  to  eiit  the 
rope,  when  the  limb  breaking,  down  came  all  together. 
It  was  an  unlucky  tree,  and  unfit  for  hanging  purposes, 
now  that  the  only  good  limb  on  it  was  broken ;  so  they 
cursed  it,  cursed  the  constable,  and  then  went  over-  to 
the  Gold  Hill  slope  and  chose  a  better  tree. 

By  this  time  James  W.  Coffroth,  a  budding  law- 
tender,  was  on  the  ground:  Coffroth  the  cunning. 
He  too  wanted  the  man  hanged,  he  said ;  it  was  the 
duty  of  all  good  men  to  hang  bad  men.  But  for 
the  everlasting  lionor  of  our  j^j-lorious  repulilic.  let  all 
tiling's  be  done  decently  and  ii  order.  Paroto  was 
now  dead.  As  a  matter  of  course  Nicholas  would  Ix; 
hanged;  there  was  not  a  shadow  of  possibility  of  his 
escape.  But  for  the  credit  of  Columbia  give  the  man 
,  trial;  force  not  Pine  Log  to  hide  her  head  among 
the  nations  for  having  hanged  an  Austrian  upon 
whose  cause  no  miner  sat  in  judgment. 

Talking  thus  against  time,  as  was  his  purpose,  Cof- 
tVoth  won.  Presently  the  sheriff  appeared.  Solomon 
was  his  name,  and  a  very  good  name,  and  a  good 
slKniff.  Judging  from  outward  expression  and  car- 
riaiiv,  he  too  would  deliijht  in  seeinu'  the  Austrian 
hanued.  Solomon's  vocation  was  lian'jjiuL;';  for  such 
he  had  been  created.  But  a  close  observer  might 
havr  detected  about  Solomon's  mouth  that  whioli  \)v- 
lii'd  liis  careless  demeanor;  a  listener  to  tlie  low  word 
spoken  here  and  there  in  the  ears  of  the  more  intelli- 
L^t.'ut  and  stalwart  of  the  crowd  woultl  surely  liave 
il'tected  it.  Further,  he  would  have  seen  the  iiieii 
>■'  spoken  to  one  by  one  slowly  (xlging  their  way 
toward  the  prisoner,  and  so  far  as  possible  unnoticed 
I'Tui  a  firm  belt  of  determination  round  hiii.  Then 
opened  Solomon  his  mouth;  wide  he  opene  i  it,  for  it 
\\as  large,  and  by  no  means  handsome. 


II ' 


y" 


m  INFELICITIES  AND  ALLEVIATIONS. 

"  Gontlcmon,"  lie  said,  without  ofFcriiig  to  lay  hand 
upon  tlir  prisonc'i",  "you  will  ('X<'usc  mc,  but  thiw  man 
is  goin<.(  to  the  Sonora  jail,  there  to  await  liis  trial  by 
law.  I  anj  .i^oing  to  take  him  there.  You  are  all 
good  men,  acting  from  good  motives;  but  believe  me, 
my  I'riends,  it  is  best  as  I  have  said."  Solomon's 
friends  did  not  agree  with  him,  ]iow(;v<  r,  and  making 
a  rush  upon  the  [)risoner,  they  sought  to  reseue  him 
from  the  law.  Hut  tiie  belt  f)f  brawny  nun  they 
found  impassable.  Tliey  saw  tiiemselve.s  outwitted; 
such  was  Solomon;  and  availing  themselves  of  the 
privilege  of  the  beaten  to  swear,  they  swore,  and 
Nic-'holas  slept  that  niglit  in  jaik  Bui  tor  Colfroth 
and  Solomon,  liadi-s  would  suivly  have'  been  his 
resting-[)laee. 

The  trial  came  <m  in  due  form  tlie  'JJtli  of  tlie  fo!- 
lowiiiLi-  February,  and  the  intclliu'ent  jurv  for.ii.l  Peter 
Niehola.s  guilty  of  murder  and  recommended  him  to  the 
mer<'y  of  the  court.  They  did  nt»t  thin):  Ik^  should  be 
hanged,  yet  he  nnu'dered;  they  could  not  deny  he  nun 
de)'ed;  br.t  it  was  in  drunken  fun,  and  they  thought 
imprisonment  f;!;- !i)e  enough.  Not  knov, iug  that  v.ith 
the  jndge,  whii  has  no  di.seretion,  nnu'dei'  means  hang- 
ing, the}"  make  iliis  mess  of  it.  Justice  .uknowledgvd 
li(  r  <»b!ig;itie.n  and  the  j'-U'v  was  discharged;  but  as  is 
often  the  casi',  ju.-tiee  coidd  have  weighed  out  this 
man's  duv  i'nv  moi'e  e(juitai>ly  without  tlie  assistance 
of  twelve  ignorant  anci  stupid  men.  "^riii"  Tth  of  April 
18.')4  was  li.xed  for  the  execution  of  Peter  \ichola'-. 

At  thi.>  rime  the  great  (|Uestioji  in  jiolitieal  circle- 
was  the  location  of  tlu'  state  capital.  San  Jose. 
VuIK'jo.  Monterey,  an<l  Sacramento  t.-ach  beggi-tl 
tile  honor  and  proiitof  it,  and  to  the  kgislaturt  whicii 
conveiK'd  at  lienicia  the  first  Monday  in  Januai  \ 
1854  nunierons  loiig  petitions  accom[)anied  tedions 
coninumications  .-netting  i'orth  the  relativt  adxantages 
of  the  several  ])Iaces,  and  what  their  citi/A-ns  vdiild 
give  and  do  to  sotthi  tlu'  law -makers  among  tliciu. 
The  windy  debates,  \nn[  indeed  everything  conn(j  ted 


I*. 


THE  PINE  LOG  TETITION. 


^.39 


Avitli  tlio  subject  hocanie  at  Ituigtli  so  tiresouu!  tlia,t 
the  miners,  with  their  usual  keen  appreciation  of 
the  hidicrous,  turned  it  into  hurles(pie  hy  drawing 
up  a  petition  making  Pine  Log  tlie  state  capital. 
Entering  into  tlie  spirit  of  tlie  tiling,  everyhody  signed 
it,  particularly  the  Pino  Logites,  though  it  never  was 
forwarded  to  the  legislature. 

We  liavo  seen  that  John  Pigler  often  forixave  the 
freest  where  the  sm  was  greatest;  indeed  liis  reputa- 
tion for  ])ardoning  was  now  notorious.  Tl(t  was 
specially  forgiving  of  the  sins  of  his  i'olloweis,  Xow 
Peter  Nicholas,  the  Austrian,  when  he  killed  John 
l*;ii'ote,  did  not  know  tlier*' wa>  siiclx  a  l)ei:ig  in  exist- 
ence as  John  Bigler,  nor  did  he  care.  IL;  liad  that 
which  was  more  poweitnl  than  goveniors,  gold,  the 
master  of  John  Pigh'i',  the  governor,  now  tlie  faithfid 
servant  of  ]\'ter  Nicholas,  tlie  murderer.  It  was  not 
iiiueh;  Pete  had  saved  a  little  mon<!y  at  work,  hut  all 
that  a  man  hath  Viill  he  gi\e  for  his  lite.  I'et(.'s 
money  htnight  him  a  good  lawyer,  an  exceedingly 
;;ood  lawyer,  an  ahle  man  of  easy  conscience,  iiol, 
overscrupulous  as  to  the  tricks  of  the  trade,  and  veiv 
ixpei't  in  [)ointing  tin  \\ea[)ons  oj;'  tav*'  against  its 
hwu  hreast.  In  all  -^eiiousness,  however,  he  it  said  to 
Ins  jtraise  that  he  proved  a  stanch  ndhertMit  to  his 
cause,  lie  <,'ould  not  clear  I'ete  hy  law;  even  the 
tlolts  u))on  the  jury  bench  must  say  guilty  when 
they  meant  innocent;   so  he  would  tiy  stratagem. 

temptingly  U[)on  a  merchant's  eouute;-  one;  day  this 
lawyer  saw  the  list  of  signatures  to  the  ]*ine  Log 
•  ajiita^.  petition.  All  ho[)e  to  save  his  client's  life  by 
eiiier  than  desperate  means  had  long  sin<'i'  abandone<l 
liim,  Sli[)ping  the  ))etition  into  his  l)reast-pocket,  he 
It  tired  to  his  r(K»m,  tore  from  (he  signatures,  covering 
several  pages  of  legal  ])aj)er,  the  heading,  wr(.t(;  a 
player  to  the  ex(^cutive  begging  conmuitation  of  the 
<ii  a(h  setitence  of  Peter  Nicholas,  joined  caitil'ully  to 
ii  the  list  of  signatures,  many  of  which  wer(>  written 
li\  the  same  liands  that  hi'l[)ed  adjust  the  ropearouml 


m 


ill 

li 


940 


INFELICITIES  AND  ALLEVIATIONS. 


the  Austrian's  neck,  o  id  ronvarded  it  to  John  Bisflcr, 
governor.  It  was  enough.  Ten  years  of  pcnitcntiar}'^ 
discipline  was  made  the  substitute  of  hempen  lialter. 
And  til  is,  by  one  of  those  stampedes  of  state  prisoners 
frequent  in  early  San  Quentin  life,  was  reduced  to  four 
years,  and  Peter  Nicholas,  the  Austrian,  was  again  a 
free  man. 


fif.  ft 


On  the  17th  of  February  1854  some  members  of  a 
band  of  Mexican  and  Chilean  robbers  entered  a  cnbiii 
in  Mariposa  ( 'ounty,  whore  they  mur«lered  and  robbed 
an  old  man  named  Nathan  Pratt,  of  ^[ain(j.  One  of 
the  band  was  immediately  captured  and  hurried  to  a 
tree  in  front  of  Pratt's  (;abin,  where  he  was  hanged. 
Another  was  .soon  arrested,  but  was  protected  Ijy  his 
countrymen,  who  collected  from  all  parts  of  the  coun- 
try and  demanded  that  he  should  ha\e  a  legal  trial. 
Upon  this  rt'sistance  the  Americans  handed  in  large 
force,  seized  the  prisonei-,  and  hanged  him  beside  his 
comrade. 

During  the  latter  part  of  March  a  horse-thief,  a 
Swiss  named  Schwai-tz,  was  captured  and  hanged  by 
a  mob  at  Jackson.  The  tree  uj)on  which  lie  was  exe- 
cuted had  l)een  used  seven  times  for  a  like  ])m'|i()se. 
After  till-  execution  of  Schwartz  it  was  suu'ijfested 
that,  an  image  of  .lutlge  Lynch  shouM  be  carved  from 
the  free.  A  Mexican  was  han<>ed  in  July  lor  horse- 
atealing.  .Vnoth'i'  ^Mexican  who  had  stabbeil  lii> 
brot!ier-in-hiw  was  hanged  by  tlie  ])eo])le,  his  re-cjuesL 
tliat.  lie  might  be  shot,  although  Ijackeil  l)y  the  en- 
treaties of  his  many  iVicMids,  having  bi;en  refused. 
Another  and  another  punishnniit  of  similar  naUnv 
occurred  at  about  the  same  tim(>  and  piac«3. 

Sweet  Sononia,  whose  vaiUy  is  too  lovely  to  be  so 
disfigured,  saw  the  horse-thiei'  liichie  lianging  fmiu 
the  tree  where  l)ef()re  ti'ial  tin:  niol)  had  elevated 
him  the  30th  of  May.  Richie  had  been  arrested  in 
Shasta  City  lor  stealinijf  mules,  and  was  sent  to  Sonom  i 
City  for  tiiil  undei- charge  of  a  dejnity  sheritl"  and  ii-^ 


CATALO(JUE  OF  1854. 


Ml 


two  aids.  The  party  stopped  at  the  liouse  of  the 
ofHcer  over  night;  in  the  morning  they  were  aroused 
])\  an  imperative  demand  for  Richie.  Some  fifteen  or 
twenty  men  stood  outside  the  liouse,  and  the  command 
was  perforce  complied  with.  Taking  tlie  piisoner, 
they  orthired  the  guard  to  remain  where  they  were 
until  afternoon.  Proceeding  to  an  old  adobe  liousc 
on  Santa  llosa  Creek,  tliey  held  a  long  conference  as 
to  tlieir  disposition  of  Richie;  hanging  at  once  or  trial 
hy  law  were  in  turn  considered.  Acting  U|)on  tlu^r 
iiaal  decision,  they  hronglit  the  j)risoner  hack  un- 
liarmed  to  the  guai'd,  and  told  tlieni  to  ])roc('cd  witli 
liim  to  Sonoma  for  trial.  The  prisoner  urged  a  delay 
until  night  hefore  taking  the  journey,  so  that  it  was 
ten  o'clock  hei'ore  they  started.  Their  appreliensioiis 
oftiduMe  seemed  groundless,  f  »rtliey  were  now  within 
four  miles  of  the  town  without  (.;ncounterini;  any  op- 
l)o>ition,  when  suddenly  there  ap])eare(l  before  them 
like  an  apparition,  veiled  in  the  thick  fog',  about  I'orty 
incn,  who  seized  Richie  and  ordered  the  guard  (o 
let  ire.  Possibly  lliey  wcr(?  Richie's  friends  come  to 
release  him  iiMm  the  approaching  ti'ial;  in  the  mist 
that  obscured  everything  it  was  inipossiltle  to  tell.  At 
daybreak  the  next  morning  tlie  guard  continued  their 
way  to  Sonoma;  l)Ut  they  had  not  pro(?eeded  far  when 
tiiey  saw  the  body  of  Jlicliie  hanging  from  the  limb 
of  a  white-oak.  Although  considerable  exciti'Uient 
]ii'e\ailed  foi-  a  while,  it  subsided  in  the  belief  that  a 
jii>1  punishment  had  bel'alleii  a  hoi'se-thi(!f. 

A  paitv  of  men  frnm  (  ontra  (.'e.sta,  with  Cicorgc 
Carpenter  as  their-  leader,  seai'ching  foi-  stolen  cattle, 
found  some  of  them  on  the  night  of  August  2'Jd  at  a 
slaughter  coi'ral  owned  by  Anic'dee  Canu,  a  I'^reni'li- 
nian,  and  Pierre  Archandjault,  a  ]3elgian.  lf.i<les 
l)caiing  the  owner's  brand  were  also  found  concealed 
.'iliout  the  ))lace.  The  two  men  were  arrested  and 
taken  to  San  Antonio;  the  vote  ol'  the  asseml)k;d 
crowd  was  asked  as  to  what  disposition  should  be 
made  of  them.    It  was  determined  that  they  should  be 


Ml 


INFELICITIES  ANT)  ALLEVIATIONS. 


I 


if 


n  K 


:■<■     = 


given  up  to  tlio  autliorities,  which  was  done.  During 
the  night  the  ranchmen  tor  miles  around  gathered 
at  San  Antonio  and  in  the  early  niorning  forced  the 
juison,  and  seizing  the  men,  hanged  them  from  trees 
in  tlie  roar  of  the  Mansion  House. 

At  Iowa  Hill  William  Johnson,  a  noted  desperado, 
on  the  24th  (tf  December  stahhed  one  Montgomery 
under  circumstances  peculiarly  aggravating.  No  hoj »es 
were  entertained  of  lecovery.  The  assassin  was  seized 
hy  the  sheriff,  l)ut  was  taken  from  his  hands  l)v  tlio 
pcopli',  tiled  hy  a  jiiiy  of  twelve,  and  the  next  day 
was  hanged,  two  tliousarifl  jjcrsoiis  attending.  After- 
Mard  Montgomery  recovered  I.  On  the  5th  of  .ranuary 
five  of  the  |)artir'ipants  in  tlie  ntfair  were  arrested  hy 
the  shei"iH*.  who  came  down  iijion  thcni  with  a  posse 
of  one  hundred  and  iifty  men,  wliorenpon  the  hells 
were  rung,  and  tlie  people  rallied,  swearing  that  the 
accused  sljould  not  he  taken  to  trial.  Thinking  l)etter 
of  it,  and  haviii<^,  as  thev  thousfht,  nothing  to  fear, 
sevtMi  others  of  the  citizens  who  had  assisted  at  the 
trial  and  (execution  came  forward  and  voluntarily  gave 
themselves  up  in  order  that  they  iniglit  share  the 
])enalty,  it'  any,  with  their  IVicmds.  They  were  held 
to  hail  in  the  sum  (»f  live  thousand  dollars  each,  but 
were  subsequently  diseharged. 

About  the  s:ime  tinu;  nt  Volcano, in  Amadoi-  County, 
one  Macy  stabbed  an  old  man.  In  less  than  half  an 
hour  alter  the  eonuuission  of  the  crime  he  was  executed 
by  the  mob. 

Heslep,  acting  treasurer  of  Tuolumne  Cyounty,  was 
murdei'ed  on  the  IHtli  of  January  IBaf).  A  man 
strongly  su.s])ectcd  of  having  connnittcd  the  deed  was 
pursued  ami  executed  by  the  people  within  twenty 
four  lumrs.  About  the  same  time  an  old  man  ol" 
family  at  .lacksoii  was  killcMl  bv  a  vounu"  man,  and  in 
less  than  half  an  houi-  after  tlu^  nuudep'!-  was  swiii'^ 
ing  from  a  tree  without  the  aid  of  judge  or  jury.  On 
the  2Gth  two  Chileans  and  a  Mexican  were  han^eil 


CATALOGUE  OF  1855. 


.-•4.1 


by  the  people  in  Contra  Costa  County  for  cattle-steal- 
ing. It  was  the  nationality  of  these  thieves  that  cost 
thoni  their  lives.  The  slaver  of  a  man  in  a  fijjht  on 
the  Klamath  was  found  gnilty  of  manslaughter  by  a 
coui't  of  law.  This  not  .satisfying  the  people  they 
.seized  and  hanged  the  prisoner. 

Three  banditti  were  arrested  on  the  San  Joacpiin  in 
January  1855,  one  of  whom,  Salvador  Valdcs,  con- 
I'l'sscd  their  connection  with  a  band  of  cattle-thieves, 
and  said  that  fifteen  were  then  on  their  way  IVom 
southern  California.  He  oftered  to  deliver  them  all 
to  the  people  if  they  would  take  him  to  the  place 
iiK'ntioned ;  but  as  Valdes  Jiad  previously  beun  arrested 
and  had  made  his  escape,  his  captors  would  not  risk 
the  consequences  of  such  an  experiment.  He  boasted 
of  having  taken  the  lives  of  .seven  men,  and  gave 
vivid  descriptions  of  jiis  successful  depredations  on 
many  ranches.  "A  regularly  organized  band  of  liorse- 
tliieves,"  says  the  Sonora  Ilcralil,  "exi.sts  in  Tuol- 
uume  County,  wlio  carry  on  their  depreciations  with 
an  astonishing  degree  of  boldness."  After  a  trial 
by  tlu>  ])eoj)le  these  (les]>oradoes  were  convicted  and 
hanged  at  Smith  and  .loiinson's  rancho  on  the  San 
Jou(iuin  lliver. 

A  travelling  Frenchman  relates  that  on  reaching 
Hawkins  Bar  he  saw  a  Mexican  tied  to  the  trunk  ol'  a 
tree  and  surrounded  by  a  crowd.  The  culprit  was 
stii])ped  to  the  waist,  and  a  dozen  men  armed  with 
luidles  and  stirrup-straps  were  whipping  him  by  tui-ns. 
His  offence,  they  said,  was  the  murder  of  a  lu'dl'eUow. 
Though  his  back  was  covered  with  blood  and  his  tace 
wa-  deadly  pale,  witli  cliai-acteristic  stoicism  the 
M(^xican  uttered  no  complaint,  but  lit^ld  between  his 
( linclied  teeth  the  end  of  a  cigar,  as  if  in  deliance 
ot"  fate.  Two  hours  later,  on  entering  a  tavern,  the 
l''rcnchman  was  su'^nrised  to  sv.c  the  same  man  at  a 
table  with  his  (>xecutioners, drinking  gin  and  whiskey. 
He  supposed  the  affair  ended;  but  the  same  evening 
ho  found  the  M(;xican  han!»:in2:  frcmi  the  branch  of  an 


344 


INFELICITIES  AND  .VLLKVIATIOXS. 


r 


E'7  » 


oak.  It  appears  that  from  conipas.sloii  lii.s  judges  had 
.sought  by  tho  above  moans  to  deaden  suffering  and 
ease  the  exit. 

On  the  1st  of  February  a  crowd  entered  the  jail  at 
Oakland  between  three  and  four  o'clock  in  the  morn- 
ing, and  taking  out  two  prisoners,  named  Sheldon  and 
Parker,  brou<j:ht  them  t(»  a  tree  near  the  bridge  on 
the  road  leading  to  Clinton.  There  they  executed 
Sheldon,  but  released  Parker  on  account  of  informa- 
tion he  gave  incul[)ating  others  of  the  horse  and  cattle- 
stealing  fraternity.  Parker,  however,  was  obliged  to 
witness  the  execution  of  his  companion. 

Upon  the  adidavit  of  one  William  Paine  four  no- 
torious horse-thieves  were  arrested  at  Turner  Pass 
in  ^lay.  Tiiey  were  named  William  Watson,  William 
Hand,  Adolplius  I'l  Moore,  and  ]?ole  Wilkerson,  the 
two  former  designated  respectively  as  Big  Pill  and 
Littk;  Bill.  Paine  testilietl  tliat  these  men  called  at 
liis  liouse  and  made  incpiiries  as  to  the  stock  and 
money  l)el()U''ini»;  to  diil'erent  iiersons  in  that  vicinity. 
He  iiad  been  ac(|uainted  with  them  lor  some  time, 
'i'hey  told  him  tiiey  had  an  easy  way  <»f  making  a 
living,  I'reely  exposing  their  method,  and  asked  l*aine 
to  become  one  of  them;  telling  him  at  the  same  time 
that  when  they  had  opened  a  secret  so  far  to  a  man 
thoy  would  kill  him  it"  he  did  not  join  them.  Upon 
the  ari'est  of  the  men,  they  were  taken  before  a 
l)eoi)le's  court  and  the  execution  of  two  of  them  de- 
termined upon.  They  were  conducted  in  front  of  the 
residence  of  the  Ilev.  J.  G.  Johnson  and  })laced  on  a 
cart  under  a  tree,  when  the  lickle  crowd  changed  its 
n)ind  and  let  the  constable  have  them.  After  lurther 
meditation  upon  the  matter,  late  Sunday  night  a  small 
delegation  took  the  men  from  jail.  Watson  was 
liangetl  and  then  shot;  Hand  was  placed  on  a  barrel 
for  the  purpose  of  hanging  him,  when  he  broke  away 
and  escaped  to  the  authorities.  The  fourth  prisoner, 
Wilkerson,  eflected  his  escape  in  the  darkness.  While 
in  prison  and  under  conviction  of  death  they  all  made 


.VLICE  STiaiUNG  OF  1IA\ILAII. 


04". 


impoitant  confosHionss  as  to  the  organization  with 
which  they  had  boon  connected.  Watson,  of  Hii; 
Bill,  stated  that  the  ^'ani^  consisted  of  three  hunched 
men,  and  was  completely  orjjfanizod  under  a  constitu- 
tion and  by-laws,  and  that  it  extende«l  iVoni  the  ('t»lo- 
rado  to  Marysville.  Drown  was  captain  of  the  hand. 
Ilenewod  eftbrt  was  now  made  for  the  ariest  of  others 
imj^licated  by  these  confessions.  IJrown  was  at  lasl 
overtaken  stealing  cattle  from  the  Tejon,  was  jmrsued 
and  captured,  with  two  of  his  men,  and  all  three  were 
hammed. 

Ilavilah  when  newly  settled  had  in  it  a  l.iiije  (juar 
nlsome  element;  so  that  street  lii^hts  and  saloon 
biawls  were  of  daily  occui-retice,  and  many  a  life  w;is 
there  ruthlessly  destroyed  without  a  thought  of  retri- 
Itution.  One  evening  <luriiiij;'  this  yeai',  at  the  Casino 
^iiloon,  a  despera(k>  named  J  Jill  llan)nioiid  was  gam- 
lilinjj^  with  one  l''red  Stewart,  when  a  dispute  arost' 
which  led  to  Jlannnond's  shoot  iiij^  Stewart  dead.  The 
assassin  left  the  room, and  the  fiicndsof  the  murdercil 
man  attended  to  the  remains.  The  thou:^lit  <»f  j)ursuintj; 
I  lannnond  was  not  entertained  until  .lohn,  the  bi-other 
•  if  b'red  Stewart,  returned  from  Whiskey  b'lat,  wiitTe 
lie  was  at  the  time  (tf  the  ail'ray.  lie  started  at  once 
witii  six  others  to  overtake  the  murderer.  In  the 
meantime  Fred  Stewart's  funeral  took  place.  Amouij;' 
t  he  mourners  the  mo.st  sincere  seemed  a  3'oung  woman, 
Alice  Sterlinjj^,  who  was  a  miners  tlaun'hter  and  the 
jliiiicce  of  Stewart.  J^ong  afterward  daily  she  would 
carry  flowers  to  his  grave.  Suddenly  she  was  missing, 
and  after  unsuccessful  search  the  conclusion  was  that 
she  had  died  by  her  own  hand.  In  Jolm  Stewart's 
])ursuit  of  Hammond  the  desperate  character  of  the 
outlaw  was  fully  evinced.  His  hiding-place  was  «lis- 
covered  in  the  (jrreenhorn  Mountains.  The  pursuing 
party  divided  and  ascended  the  mountain  on  either 
side.  As  Stewart  with  one  companion,  Gore,  ap- 
l)r()ached  Hammond's  retreat,  a  shot  fi-om  behind  a, 
tree,  followcfl  (piickly  by  another,  laid  both  men  dead. 

Poi>.  TlilD.,  Vol.  I.    Jo 


t'-1 


IMAGE  EVALUATION 
TEST  TARGET  (MT-S) 


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► 

Photographic 

Sdences 

Corporation 


23  WEST  MAIN  STREET 

WEBSTER,  N.Y.  14580 

(716)  872-4503 


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IXFELICITIES  AXD  ALLEVIATIONS. 


rl 


!!'' 


Wlicu  the  otliers  came  up  and  saw  what  had  been  done 
they  abandoned  pursuit.  It  was  but  a  few  days  after 
tliis  that  Alice  Sterhng  had  disappeared.  Three  years 
later,  Hammond  was  in  a  saloon  in  Pioche  at  a  card- 
table,  when  a  woman  entered  and  unperceived  by  him 
stepped  behind  his  chair,  drew  a  revolver,  and  shot 
him  dead.  Then  pointing  the  pistol  to  lier  own  head, 
she  fired  and  soon  after  died.  The  woman  was  Alice 
Sterling,  and  the  foul  murder  of  her  lover,  which  with 
the  killing  of  two  others  of  their  number  the  pusil- 
lanimous townsmen  of  Havilah  had  permitted  to  pass, 
was  thus  avenged. 

Extra  judicial  associations  did  not  always  confine 
themselves  to  the  punishment  of  crime ;  instances  arc 
on  record  where  misfortune  unattended  by  blame  ob- 
tained recognition.  On  the  4th  of  March  at  Sonora, 
California,  the  banking  office  of  Adams  and  Company, 
M'hose  doors  were  closed  in  San  Francisco  nine  days 
previous,  was  entered  by  a  mob,  the  sheriff  then  in 
jiossession  was  driven  out,  the  vault  containing  the 
treasure  was  broken  open,  and  paying  tellers  appointed 
who  paid  it  out  as  fast  as  checks  were  presented. 
After  thus  sun?Tnai"ily  liquidating  the  liabilities  of 
this  branch  office,  the  remainder  was  handed  back  to 
the  sheriff  and  the  mob  retired.  Like  attempts  were 
made  in  other  localities,  most  of  which  failed  tlirougli 
the  firmness  of  the  officers  of  the  law  and  the  <jradu- 
allv  increasinu:  love  of  order  and  good  behavior  arisiuLi 
in  the  community. 

In  August  six  Americans  were  found  nuirdertd 
near  Jackson.  The  Mexicans  were  accused;  thirty- 
six  were  arrested,  and  some  advocated  the  execution 
of  all  of  them.  Several  were  tried,  and  three  hanged 
on  one  tree. 

At  Snelling  in  September  some  Mexicans  were 
caught    with    stolen    mules.     One    was    hanged   and 

•  •  •  1 

another  shot,  the  sheriff  being  blindfolded  and  man 
acled  at  the  time  that  he  miijht  not  interfere.    Wliilc 
the  coroner's  jury,  summoned  by  the  deputy  sherilV. 


MARTHA  OF  COLUMBIA. 


mi 


one 

fter 

jars 

[ird- 

him 

shot 

icad, 

Vlicc 

witli 

:)usil- 

pass, 

online 
OS  are 
lie  ob- 
onora, 
npany, 
e  (lay- 
lien  ill 
ng   tbe 
pointed 

sented. 

ties  oi" 
ack  to 

trt  wert' 

hrougli 
crradu- 

arisiii;4 

lurdeved 
thirty- 
Lccuti(»u 
hanged 

IS  were 
red  and 
Fid  nian- 

sherilV, 


were  lioldingan  inquest,  shots  were  fired  into  the  room 
by  Mexicans,  and  several  wounded,  one  fatally.  The 
otficer  was  taken  prisoner  but  afterward  released. 

In  all  the  southern  mines  there  was  no  lovelier  town 
than  Columbia;  but  durinac  the  reitjn  of  bowie-knife 
and  pistol  it  was  the  scene  of  many  an  unlovely  per- 
formance. Bright  the  sun  and  beautiful  the  hills; 
sweetly  sang  the  waters,  and  sweeter  still  the  birds; 
fresh  the  air,  which  every  morninsf  Ireshened  the 
delver's  ardent  lonyinijcs  often  faint  with  waitini;. 
Ah,  what  a  fair  world  this  might  be  but  for  the  un- 
restful  heart  of  man!  Give  me  for  companions  rocks, 
trees,  and  llowers;  or  if  of  blood  and  sinew,  then 
l)easts,  and  birds,  and  fishes;  or  if  of  species  kindred 
to  my  own,  then  savages,  sylvan  men  and  women  for 
whom  centuries  of  cultivation  have  not  provided  mul- 
titudinous arts  as  ministers  to  their  passions;  for  my 
soul's  light  give  me  the  sun,  and  whatsoever  more  it 
shall  please  my  maker  to  let  me  know,  but  deliver  me 
from  the  coarse  brutalities  of  civilized  men. 

Columbia  was  fair  I  say;  not  so  was  Martha. 
Nature  in  her  happiest  mood  had  fashioned  the  hills, 
and  overspread  them  with  loveliness;  had  filled  the 
echoing  canons  with  sweetest  melody  and  laid  on  all  a 
heaven  of  palpitating  light;  Martha's  heart  was  acrid, 
and  her  blood  like  the  clear  babbling  stream  muddied 
by  the  miners,  was  turbid  with  the  flow  of  the  soul's 
impurities. 

Therefore  Martha  was  no  saint;  neither  would  she 
have  been  welcomed  into  the  sisterhood  of  those  im- 
maculate dames  whose  virtue  shines  briijfhtly  only 
when  placed  l)eside  black  vice.  Martha  kept  a  saloo)i : 
what  that  meant  in  a  mining  town  in  early  days  the 
reader  well  knows.  Some  call  them  dens,  but  I  do 
not;  everybody  went  there,  and  she  was  as  respectable 
as  the  men  who  were  glad  to  sit  on  her  sofa  and  talk 
to  her  because  she  was  a  woman;  furtiiermore,  Martha 
was  married:  nuirried  to  a  man. 


m 


11 


.1'  U- , 


Jir 


if  II 


648 


INFELICITIES  AND  ALLEVIATIONS. 


1'-- 


John  Barclay  was  liis  name;  and  he  was  not  a  bad 
man,  thougli  a  gambler,  married  to  a  prostitute,  and 
finally  hanged.  He  was  not  a  bad  man,  though  the 
woman  he  married  brought  him  for  a  dowry  what 
Helen  brought  to  Troy — desolation.  He  was  not  a 
^)ad  man,  morally  measured,  as  men  go;  I  would  rather 
have  such  a  one  my  friend  than  many  who  make 
broad  their  phylacteries  and  sit  in  church  pews,  than 
many  who  count  their  worse  than  gambling  gains 
by  millions.  Hu  was  honest  and  open-hearted,  not 
mean;  he  gambled,  and  so  did  those  for  whom  he 
dealt,  the  class  that  pretend  to  abhor  gamblers,  those 
who  sit  on  one  side  of  the  table,  condemning  the  no 
more  guilty  who  occupy  the  opposite  seats.  True, 
the  woman  h(3  married  was  one  at  whom  those  who 
had  made  her  what  she  was  threw  stones ;  and  he  her 
husband  was  hanged,  but  it  was  for  that  which  any 
manly  man  would  have  done  under  the  circumstances, 
namely,  for  shooting  one  who  was  striking  his  wife. 
Let  those  whose  morals  cover  no  impurities,  whose 
I'cligion  hides  no  hypocrisy,  denounce  the  openly  bat! 
as  in  every  particular  worse  than  themselves;  for  my- 
self I  see  much  to  excuse  in  the  professionally  wicked 
that  I  cannot  pass  by  in  the  more  refined  rascalities 
of  the  prudish  and  the  puritanical. 

But  in  the  tongue  of  current  morals  Martha  was 
bad;  and  so  was  Barclay.  The  10th  of  October  1855 
they  had  been  married  less  than  two  months.  The 
event  was  celebrated  while  Martha  was  absent  at  an 
agency  of  hers  at  Chinese  Camp.  It  was  there  that 
Barclay  first  met  her,  and  their  short  acquaintance 
ripened  into  a  sort  of  worm-eaten  affection. 

John  H.  Smith  was  a  minor,  not  necessarily  better 
or  woise  than  Barclay;  but  the  world  in  its  moral 
technicality  agreed,  by  reason  of  his  occupation,  in 
calling  him  better;  though  so  far  as  the  record  goes, 
the  only  difference  between  them  lay  in  the  fact  that 
Smith  drank  to  drunkenness  at  the  counter  from 
behind  which  Martha  served  the  poison,  and  gambletl 


MARTHA'S  HUSBAND. 


640 


bad 
and 

the 
vliat 
lot  a 
Lther 
nake 
than 
Lj-ahis 
,  not 
11  he 
those 
he  no 
True, 
3  who 
le  her 
h  any 
.anccs, 
s  wife, 
whose 
ly  bad 

r  niy- 
.vicked 
^ahties 


better 


nioi 


sitting  at  one  side  of  the  table  while  Barclay  sat  at 
the  other  side. 

On  the  date  before  mentioned  Smith  dropped  his 
pick  and  entered  Columbia  on  a  rousing  spree.  While 
in  Martha's  saloon  he  accidentally  broke  a  pitcher 
which  was  standing  on  the  counter.  A  fistic  skirmish 
followed  the  high  words  arising  from  the  accident; 
but  the  male  being  the  superior  brute,  Martlia  was 
getting  the  worst  of  it,  when  Barclay  entered,  drew  a 
pistol,  and  shot  Smith  dead. 

The  miners  were  furious,  as  they  had  reason  to  be. 
Barclay  had  no  light  to  kill  Smith;  he  should  be 
hanged  for  it,  and  the  miners  would  do  it  if  the  law 
would  not.  Coffroth  was  there,  and  stirred  their 
passions  in  a  moderate  speech,  partly  to  see  them 
siumier  and  partly  to  sugar-coat  his  own  popularity. 
Coffroth  was  Ijecoming  very  wise.  Two  years  back 
he  was  ready  to  fight  for  the  law.  And  he  still  thought 
the  law  a  good  thing  ordinarily,  but  in  this  instance — 
the  murdered  man  had  been  a  friend  of  his. 

Jack  Ilcckendorn,  editor  of  the  Columbia  Clipper, 
was  nominated  judge,  and  a  juiy  of  twelve  appointed. 
The  sheriff  and  his  subordinates  were  easily  over- 
powered, the  jail  doors  were  beaten  in  with  axes  and 
crow-bars,  and  the  prisoner  was  brought  forth.  Bai-- 
elay  well  knew  the  meaning  of  it  all,  and  on  reaching 
the  jail  door  made  a  desperate  effort  to  escape.  ]3ut 
on  him,  all  at  once,  fell  fifty  men  amidst  horrible  im- 
precations and  cries  of  •' Hang  him !"  "Up  with  him !" 
"Put  him  through!"     "Swing  him  up!" 

Beneath  the  ominous  beams  of  the  Tuolumne  Water 
Company's  flume  where  it  crosses  the  Gold  Springs 
road  the  turbulent  tribunal  asseml)led  and  sat.  Here 
a  ring  was  formed,  and  the  prisoner  with  John  Oxley, 
who  had  been  appointed  his  counsel,  placed  within  it. 
Tliere  were  also  the  judge  and  jury,  with  Coffroth  as 
prosecuting  attorney,  though  he  would  gladly  liavo 
seen  Barclay  free.  Little  prosecuting  the  poor-  pris- 
oner required,  surrounded  as  he  was  by  the  thousand 


550 


INFELICITIES  AXD  ALLEVIATIONS. 


;    1 


Iv-    ' 


m 


flames  of  consuming  vengeance  l>lazing  in  the  breasts 
of  those  ravenous  for  liis  blood.  As  well  might  Oxley 
stand  beneath  the  high  Yosemite  and  argue  to  the 
waters  the  folly  of  their  falling. 

And  to  Barclay,  how  sudden  and  how  strange !  It 
was  like  the  delirium  of  a  drunken  dream.  But  an 
hour  or  two  ago  he  was  free  and  happy.  The  sun 
then  shone  for  him;  the  glorious  panorama  spreading 
I'rom  where  he  sat,  and  soon  to  be  rolled  from  his  i-e- 
ceding  gaze,  was  then  brcath-inspirod  foi-  him,  attuned 
to  the  melody  of  his  life.  He  had  harbored  nt)  ill  to 
the  man  he  had  killed,  never  before  had  seen  him,  did 
not  even  know  his  name.  Instinctivelv  he  had  raised 
his  hand  against  him  who  had  raised  his  hand  against 
his  wife.  What  demoniacal  howler  of  them  all  would 
not  have  done  the  same?  And  all  for  a  broken 
pitcher.     Oh,  most  danmable ! 

John  Ward  moved  that  the  jury  be  sworn,  when 
the  crowd  shouted,  *' No  humbug!"  "Go  ahead!"  In 
this  instance  the  crt)wd  were  right;  wJiat  had  swear- 
ing to  do  with  it?  There  was  not  a  jmyman  there 
but  knew  his  verdict  would  bo  that  oj"  guilty;  he  dare 
not  give  another.  Nevertheless  the  jury  were  sworn; 
and  probably  the  consciences  of  some  were  eased 
thereby.  It  was  the  irony  of  the  jury  system  and 
of  judicial  procedure,  these  mob  tribunals,  with  their 
judge,  counsel,  and  jury, and  the  verdict  already  before 
the  trial.  Swear  in  (j}od'«  name,  if  there  is  any  relief 
in  it;  but  no  wonder  the  crowd  cr}'  "No  humbug!" 

The  witnesses  were  then  called,  but  we  will  not 
follow  them.  The  evidence  is  all  before  me,  and  is  as 
I  have  stated.  It  was  a  very  simple  case:  Smith  was 
drunk,  and  Martha,  angry  that  he  should  break  her 
pitcher,  applied  abusive  epithets,  whereupon  Smith 
seized  and  handled  her  loughly,  and  Barclay  entei'ing 
at  that  moment  shot  him.  The  whole  aft'air,  so  says 
the  testimony,  did  not  occupy  five  minutes.  Coffroth, 
the  prosecutor,  testified  to  the  respectability  of  the 
prisoner  prior  to  his  marriage. 


WOLVES  IN  MEN'S  CLOTHING. 


651 


sasts 

xloy 

the 

\    It 

it  an 
)  sun 
vding 
is  re- 
buncd 
ill  to 
m,  did 
raised 
i^ainst 
would 
)roken 

,  when 
1!"    In 
[  swear- 
there 
dare 
sworn ; 
eased 


iUl 


and 

their 

before 

relief 

1" 

|)Ug: 

ill  not 
nd  is  as 
ith  was 
ak  her 

Smith 
ntering 
so  says 
offroth, 

of  the 


Give  him  to   us  I"  '' I  p 


Meanwhile  tlie  crowd  wore  noisy  and  impatient. 
Martha  Barclay  was  called  by  the  defence  to  testify. 
Then  the  mob  began  afresh,  "No,  no  I"  "Away  with 
herl"  "Off  I  off!"  "  Put  her  away  I"  "Bring  a'lnena 
to  testify!"  And  these  great  American  justicc-loxers 
wttuld  not  let  the  hated  object  come  near  tlie  ring. 
When  the  husband  shot  the  man  that  assaulted  the 
woman,  then  she  was  not  his  wife,  and  hence  anath- 
ema. When  the  woman  wished  to  testify,  tlien  she 
was  his  wife,  and  hence  anathema. 

Hcckendorn,  the  judge,  then  asked  if  there  were 
any  witnesses  from  Chinese  Camp,  Barclay's  former 
])lace  of  residence,  w'hen  the  crowd  yelled,  "What  in 
liell  do  we  want  with  Cliinesel"  "  Send  liim  to  liell 
Jbr  witnesses!"  "Make  a  prayer  and  let's  have  liim!" 
"Don't  wait!  the  sheriff  will  be  here  directly!"  To 
which  last  remark  the  judge  replied  with  gravity, 
"There  is  no  danjj^er  the  sheriff  will  get  throu<>'h  this 
crowd."  The  answer  was,  "' 
with  himl" 

Heckeiidorn,  fearing  the  crowd  would  become 
frantic,  then  announced  that  the  counsel  on  either 
side  would  address  the  jury.  "Cut  it  shoit!"  came 
from  the  rabble.  "One  minute  apif.'ce!"  "Quick!" 
"Short!" 

Coffroth,  for  the  prosecution,  opened  and  was  lis- 
tened to  with  attention  and  applause,  for  though  the 
prisoner  was  his  friend  the  eyes  of  the  world  wei'o 
u[)ou  him.  Oxlcy,  for  the  defence,  could  scarcely  be 
beard  at  all.  He  begged  them  to  consider  what  they 
wei'e  about  to  do.  "Enough!"  "F^nougli!"  was  the 
reply.  He  spoko  <.)i'  the  laws,  when  he  was  interru])ted 
with  "Damn  the  laws!"  "No,  no!  up  with  him!" 
"Give  him  to  us!"  This  last  was  the  most  horrible 
cry  the  prisoner  had  ever  heard.  There  was  more  of 
the  hungry  wolfishness  in  it,  more  of  that  insatial)le 
thirst  for  human  blood,  than  could  be  found  in  oceans 
of  current  blasphemy.  The  judge  asked  that  the 
counsel  for  the  defence  might  be  heard,  but  in  vain. 


I't"  II 


I 


J* 

m 


INFELICITIES  AXI>  ALLEVIATIONS. 

It  was  now  dark.  A  large  fire  whicli  had  been 
kindled  blazed  near  by,  casting  its  crimson  glare  upon 
that  terrible  tribunal  which  struggled  so  hard  to  give 
the  color  of  justice  to  their  wildly  insensate  proceed- 
ings.    It  was  a  weird  and  woful  spectacle. 

While  Coffroth  was  writing  a  letter  home  for 
Barclay,  and  just  as  the  jury  were  about  to  retire, 
James  M.  Stewart,  the  county  sheriff,  rode  u]>  and  in 
the  name  of  the  law  demanded  the  person  of  John  S. 
Barclay.  He  then  attempted  to  seize  him,  but  the 
mob  in  its  fury  easily  caught  uj)  both  Barclay  and  the 
sheriff,  and  carried  them  separate  ways.  In  an  instant 
Barclay  was  beneath  the  flume  with  the  inexorable 
hemp  about  his  neck.  Stewart  made  a  desperate 
effort  to  save  him.  Breakincr  from  those  who  held 
him,  he  called  upon  the  people  to  assist  him  in  the 
discharge  of  his  duty.  With  almost  superhuman 
strokes  he  beat  down  the  rabble  between  himself  and 
Barclay,  and  with  a  knife  attempted  to  cut  the  I'ope 
which  held  him,  when  he  received  a  severe  blow  from 
a  pistol  upon  his  liead,  and  was  caught  and  dragged 
back  into  the  crowd. 

The  remainder  of  this  disgraceful  tragcdj'  I  will  not 
write,  but  will  give  it  in  the  words  of  an  eye-witness : 
"The  hancjinsf  scene  was  one  of  the  most  terrible  and 
brutal  ever  witnessed  by  man.  The  rope  had  been 
lowered  from  the  flume  above  and  haltered  around 
Barclay's  neck  without  the  humane  precaution  of 
pinioning  the  wretch's  hands  and  arms.  A  dozen 
men  hauled  away  on  the  rope,  and  as  the  writhing 
body  went  up,  a  yell  broke  forth  from  the  mass  of 
men  below.  The  imprecations  were  horrible,  and  the 
gesticulation  brutally  expressive.  The  mob  was  now 
frantic,  murderous,  mad.  As  the  howling  demons 
above  luiulod  on  the  rope,  Barclay  in  the  intensity  of 
his  despair  grasped  the  cord  over  his  head  with  both 
hands  and  clung  to  it  for  a  few  moments  with  the 
tenacity  of  desperation.  Those  who  were  hauling  at- 
tempted to  shake  Barclay's  grip  by  raising  the  rope 


THE  YEAR  1856. 


86S 


ill  not 
tness : 
le  and 

been 
Tound 
on  of 
dozen 
itliing 
ass  of 

id  the 
Is  now 
lemons 
sity  of 
ill  both 
bh  the 
mg  at- 
|e  rope 


and  letting  it  fall  suddenly,  and  one  of  his  execu- 
tioners, a  man  named  Terry,  leaned  over  the  edge  of 
tlie  flume  and  shouted,  'Let  go,  you  damned  fool! 
let  go!'  Finally  one  hand  weakened  and  fell  to  his 
side;  then  the  other  gave  way,  and  a  few  convul- 
sive quivers  ran  through  his  frame  as  his  breath  was 
strangled  by  the  tightening  cord.  Tlien  all  was  still, 
the  body  hanging  motionless  forty  feet  above  the 
surging  mass  of  men  beneath.  For  an  instant  an 
awful  calm  fell  upon  the  mob;  they  seemed  to  realize 
the  full  extent  of  their  horrible  work,  and  men  spoke 
in  whispers  as  they  gazed  upward  at  the  shape 
<langling  between  heaven  and  earth.  Then  the  reac- 
tion came;  the  swinging  body  lost  its  interest,  and  the 
hoarse  yells  broke  forth  once  more.  *To  INIartha'sl' 
'To  Martha's!'  they  yelled.  'Let's  rip  the  liouso 
down!'  'Down  with  it!'  'Hurrah,  boys!'  and  away 
went  a  large  number  of  the  more  blood-thirsty  mem- 
bers of  the  mob.  Arriving  at  Martha's,  they  broke 
the  windows  only.  They  then  proceeded  to  a  place 
called  Pike's,  and  after  behaving  like  a  pack  of  mad 
fools,  shouting  and  dancing,  performed  in  the  same 
insane  manner  in  front  of  what  was  known  as  the 
'China  Houses,'  one  by  one  the  surfeited  mob  dis- 
a[)peared,  and  shortly  after  midnight  all  was  quiet  in 
Columbia." 

The  ye.ir  of  the  Grand  Tribunal  opens  with  the 
apprehension  of  two  Chileans  near  Coulterville  in 
^larch^  charged  with  robbing  Chinamen.  Tried  before 
a  magistrate,  they  were  acquitted.  The  people,  how- 
ever, were  not  satisfied.  Robbing  Chinamen  was  a 
common  thing — no  very  great  offence  as  wickedness 
wont — and  if  the  culprits  had  been  Americans  it  is 
probable  no  further  notice  would  have  been  taken  of 
tlie  affair.  But  the  miners  never  missed  a  chance 
of  hanging  a  '  greaser.'  So  these  two  Chileans  were 
seized  again,  tried  by  the  people,  and  one  of  them 
nanged. 


554 


INFELICITIES  AND  ALLEVIATIONS. 


i,. 


Four  i)orsons,  tliioe  JNIuxicaiis  and  one  Indian,  who 
had  been  incarcerated  on  rather  shght  proof  at  Mon- 
terey to  await  their  trial  I'or  murder,  on  the  l7th  of 
May  185C>  were  taken  from  the  jail  by  the  mob  and 
lianixed. 

At  Deep  Creek  on  the  night  of  the  23d  of  June 
Solomon  Brundridge  of  Surprise  Valley  was  killed 
by  one  A.  J.  Goff',  who  claimed  to  iuive  connnitted 
the  deed  in  self-defence.     The  wife  of  the  murdered 
man  was  the  cause  of  the  difficulty.     Gotf  boarded 
at  Brundridge's,  and  the  husband  was  jealous.     Mrs 
Brundridge  was  a  sinuer.     Goff  told  what  he   had 
done;  but  not  finding  that  expression  of  sympathy  in 
the  eyes  of  his  listeners  which  he  deemed  essential  to 
his  safety,  he  attempted  to  escape,  whereupon  he  was 
arrested.     The  inquest  over,  the  people  concluded  to 
hang  Goff.    Prisons  were  insecure,  and  trials  expensive 
and  uncertain.     Whatever  conclusion  the  law  might 
arrive  at,  Goff  was  none  to  good  to  hang.     So  on  the 
night  of  the  27th,  lifty  men  of  Suri)rise  Valley,  armeil 
with   guns,  presented   themselves    before    the  house 
where  Goff  was  coniined  and  demanded  the  murderei'. 
The  limbs  of  the  law  bristled  with  bravery.     Particu- 
larly Judge  Bowmer  felt  himself  called  upon  to  lay 
down    his   life   for  the   constitution  of  his   country. 
Knowing  that  there  was  not  the  slightest  danger  of 
their  firing  on  him,  tlu>  judge  placed  his  back  against 
the  door,  and  while  a  dozen  open-mouthed  guns  ic- 
garded  him  threateningly,  lie  loudly  declaimed  that 
they  should  make  him  like  unto  a  piece  of  honey- 
comb before  he  yielded  to  their  unhallowed  demands. 
Shoving  the  good  judge  aside  they  entered,  brought 
out  the  prisoner,  and  conducted  him  to  a  gate  witli 
tall  posts  and  a  cross-beam.    xV  rope  was  thrown  ovei- 
the  beam,  one  end  of  whicli  Goff  adjusted  to  his  neck. 
While  these  preparations  were  going  on  he  took  oc- 
casion to  remark  that  he  was  a  dead-centre  shot  with 
a  revolver,  that  he  had  killed  more  men  than  one, 
that  he  always  said  he  should  die  with  his  boots  on, 


ENGLISHMAN  AND  SlWNIxVRD. 


flW 


and  that  if  ho  might  kill  threo  inoromeii  in  the  valley 
ho  could  die  happy.  Thou  chinbing  tlu'  ropo  to  the 
cross-boam,  ho  junipod  oil',  launohiiig  his  soul  luddcr- 
loss  into  spaco.  . 

C.  Colobrook,  an  English  sailor  living  at  Angol 
Camp,  in  tho  al'tornoon  of  Soptombor  20lh  wont  to 
tho  cabin  of  one  Armstronir  an<l  plnnijod  a  knife  into 
his  heart  for  having  callotl  him  a  hog-stoalor.  Ar- 
rested, Colobrook  was  taken  before  a  justice  of  the 
])oaco,  and  his  trial  began.  I>ut  the  j)eo[)lo  did  not 
iiincy  the  slow  movements  of  legal  maciiinoi'V.  Tlicv 
knew  a  better  way,  they  said.  An  unhanged  hrolher 
of  this  murderer  roamed  at  largo,  who,  had  liis  just 
])unishment  boon  given  him,  might  have  deterred  this 
deed.  Tho  nuu'nuu-s  of  tho  dissatisliod  grow  louder, 
and  the  judge  sent  to  San  Andres  for  holji,  tho 
towns-people  of  Angol  refusing  him  assistance.  Night 
came  on,  candles  wore  liglited,  and  still  tho  trial  con- 
tinued. Suddenly  a  man  rushed  into  court  and  ex- 
claimed ak)ud  that  tho  sheriff  was  coming  with  a  j^osse 
of  men  to  shield  the  prisoner,  and  that  now  or  never 
was  their  time.  Immediately  all  was  uproar.  Tho 
lights  wore  extinguished,  judge,  clerk,  and  constable 
seized  and  firmly  held,  while  the  prisoner  was  hastened 
to  the  nearest  tree  and  his  black  soul  lot  fly  bat-like 
into  the  blackness  of  the  ni^'ht. 

TJie  resort  to  the  swift  and  summary  pr-ocoss  of 
lynch  law  for  righting  the  wrongs  of  a  conmiunity  is 
always  hazardous  as  an  experiment,  and  frequently 
results  in  the  grossest  injustice.  As  wo  have  seen,  tho 
(•Ijorations  of  the  Vigilance  Connnittoe  of  San  Fran- 
cisco encouraged  other  conununitios  to  throw  off  the 
restraints  of  the  law,  and  furious  American  mobs 
were  occasionally  guilty  of  acts  of  violence  worthy  of 
tlie  wildest  barbarians.  In  October  of  this  memora- 
ble year  of  i85G  some  Spaniards  suspected  of  horso- 
steahng  camped  on  Pajaro  Kivor  wore  attacketl  by 
a  party  of  Americans,  citizens  of  Watsonville,  and  the 
whole  party  killed  or  captured.     About  six  o'clock 


It 

I 


656 


INFELICITIES  AND  ALLEVIATIONS. 


next  uiorninj^  six  or  Revon  Spaniards  came  riding 
through  the  town,  and  wore  attacked  hy  the  same 
party  of  Americans.  A  tight  ensued,  in  which  one 
Spaniard  was  wounded,  while  the  others  rode  away. 
The  wounded  man  was  brought  in  and  tied  to  a  flair- 
staft',  and  a  mob  jury  was  liastily  impanelled.  While 
this  tribunal  was  in  session  a  discussion  arose  amon^f 
the  citizens  as  to  whether  the  man  should  be  tried  by 
the  irregular  Jury  or  turned  over  to  the  authorities. 
It  was  finally  concluded  to  submit  the  matter  tc-  a  vote, 
when  the  sentiment  appearing  to  be  in  favor  of  turn- 
ing him  over  to  the  authorities,  he  was  secretly  let 
loose.  Then  a  hue  and  cry  was  raised,  and  the  white 
mob  launched  out  in  pursuit,  firing  some  fifty  or  more 
shots  at  the  culprit  before  he  was  I'ecaptured.  He 
was  brought  in  with  a  rope  around  his  neck  and  tied 
to  a  post  like  a  horse.  Then,  having  been  allowed 
time  to  smoke  a  cigarette,  he  was  hanged  without 
further  ceremony. 

Precarious  is  the  [)ath  of  horso-thieves.  At  White's 
i-ancho,  near  Watsonville,  in  October  labored  a  native 
Californian  sus[)octed  of  intimacy  with  a  bantl  of  ma- 
rauders infesting  that  vicinity.  Arrested  and  brought 
to  town  for  trial  by  the  people,  certain  of  the  moder- 
ate sort  prevailed  upon  the  hotter-headed  to  deliver 
the  ofiender  to  the  law.  Next  day,  no  one  appearing 
against  him,  he  was  discharged  from  nistody.  When 
those  who  had  made  the  arrest  het^rd  that  the  law 
had  loosed  theii'  victim,  they  pursued  and  recaptured 
him.  While  arranging  for  his  trial  the  slippery  fellow 
broke  irom  them  and  ran.  Shots  were  fired,  which 
failed  to  bring  him  down,  but  he  was  finally  taken 
for  the  third  time.  The  work  was  becoming  too  long 
and  too  warm;  so  quickly  they  hanged  him  to  a  tree, 
thus  making  sure  of  the  execution,  though  failing  in 
the  trial. 

The  people  of  Happy  Camp,  in  Del  Norte  County, 
arrested  two  Chinamen  suspected  of  the  murder  of 
one  O'Meara  and  of  the  robbing  and  burning  of  a 


SELLING  ONE'S  HEAD. 


557 


junty, 

Icr  o\' 

of  a 


store  belonging  to  a  man  named  Gazquot;  the  China- 
men confesReil  tlie  crime  and  were  lianjjfed. 

An  American  at  a  certain  mininii'-camp,  who  doubt- 
less was  in  haste  to  change  his  place  of  residence, 
!i])[)ro[)riated  to  himself  a  horse  belonging  to  one  of 
his  countrynien,  and  without  saddle  or  bri<lle  lode  to 
Calaveras,  some  thirty  miles  distant.  The  owner  on 
discovering  his  loss  armed  himself,  mounted  his  horse, 
and  followed  the  thief  The  latter  wirs  taking  his 
I'epast  at  the  Empire;  lEotel  in  Calaveras  when  he 
felt  a  han<l  laid  on  his  shoulder  and  heard  a  voice 
say:  "Well,  my  friend,  did  my  horse  suit  you'i?  It 
was  not  the  best  in  the  corral,  for  you  see  I  have 
overtaken  you."  Without  api)arent  concern  the  other 
answered  that  the  horse  was  in  the  pasture,  and  otfei'ed 
to  fetch  it.  A  ride  of  thirty  miles  had  made  the 
owner  hungrv,  so  he  sat  down  and  ate  beside  the 
thief  The  meal  iinished,  the  two  went  to  the  sheriu' 
to  have  the  matter  settled.  There  had  been  several 
tliefts  in  the  couuiy  lately,  and  the  thieves  had  es- 
caped; here  wns  an  op[)()rtunity  to  make  an  cxanijile. 
A  jury  was  quickly  convened,  and  by  their  venhct 
tlio  olfender  was  sentenced  to  be  hammed.  The  con- 
demnetl,  a  young  man  of  some  twent3'-live  years, 
tried  to  plead  in  his  own  behalf,  but  the  verdict  was 
without  appeal. 

He  then  resigned  himself  to  death,  merely  asking 
that  he  might  be  shot  instead  of  lianged,  a  favor 
which  was  granted  him,  as  good  shots  were  plentiful 
;it  Calaveras. 

The  physician  of  the  place,  who  was  a  soi-disant 
])hrenologist,  noticed  some  peculiar  traits  about  the 
liead  of  the  prisoner,  and  ofl'ered  him  ten  dollars  for  it. 
I'he  ofler  was  accepted.  The  condemned  enclosed  the 
l)iece  of  gold  in  his  tobacco-pouch,  together  with  a 
lock  of  his  hair,  and  asked  the  sheriff  to  send  it  to  his 
mother  in  Missouri,  at  the  same  time  begging  him  not 
to  inform  her  of  the  cause  of  his  death.  The  sherift' 
promised  that  he  would  simply  tell  her  that  her  un- 


( ^i 


558 


INFELICITIES  AND  ALLEVIATIONS. 


:ii 


Ff' 


Si 


ii 


fortunate  son  had  died  fr'^^m  the  effects  of  a  horse-race. 
Standing  up  before  the  rillemen,  the  fellow  bared  his 
breast  to  them,  asking  them  not  to  aim  at  his  head,  as 
ho  would  not  wrong  anybody  in  his  last  moments,  not 
even  the  physician.  The  corpse  was  yet  warm  when 
a  dispute  arose  between  the  doctor  and  tlie  sheriff, 
because  the  latter  insisted  that  if  the  former  wanted 
the  head  he  must  take  the  body  with  it.  The  doctor 
was  obliged  to  yield.  He  severed  the  head  from  the 
body  and  carried  it  away  in  a  sack,  swearing  that  next 
time  he  would  expressly  stipulate  that  he  was  to  have 
the  head  only.  The  body  he  threw  into  an  old  mining 
shaft  and  covered  it  with  stones. 

One  night  in  a  certain  mining-camp  a  sailor  who 
had  deserted  his  ship  stole  two  bags  containing  aliout 
five  thousand  dollars'  worth  of  gold,  and  seized  a  third 
containing  half  dollars  in  silver.  The  jingling  of  the 
coin  awoke  the  owner,  who  gave  the  alarm,  and  the 
thief  was  captured.  A  jury  of  twelve  miners,  with  a 
man  namcid  Nutman  officiating  as  judge,  tried  the  case. 
The  sailor  was  found  guilty  and  sentenced  to  be  hanged. 
It  was  finall}^  thought  best,  however,  not  to  take  his 
life,  but  to  give  him  one  hundred  lashes  on  the  bare 
back,  cut  off  his  cars,  and  shave  his  head,  so  that  he 
should  be  recognized  as  a  felon  wherever  he  went. 
Tlie  sentence  was  carried  into  effect,  and  the  fellow 
kicked  out  of  camp.  Stealing  the  first  mule  he  camo 
to,  he  rode  to  Calaveras  Diggings,  where  the  animal 
was  claimed  by  the  owner.  Again  he  was  tried,  and 
sentenced  to  be  flogged,  but  when  laid  bare  his  bad; 
was  found  so  cut  by  stripes  that  there  was  no  place 
left  to  wJiip.  The  miners  had  compassion  and  droMJ 
liim  out  of  the  district  unpunished. 

In  the  case  of  an  American  and  a  Mexican,  ar- 
rested at  Knight  Ferry  in  September  185G  for  horse- 
stealing, from  tlie  crowd  assembled  the  prisoners  wero 
allowed  to  select  twelve  to  act  as  a  jury  in  the  trial. 
Before  proceeding,  the  people  decided  that  a  majority 
of  the  jury  should  be  sufficient  to  render  a  verdict,  and 


THE  YEAR  1857. 


r.r)9 


race. 

I  his 
,d,  as 
snot 
Allien 
leriff, 
mtod 
.octor 

II  tlio 
b  next 
>  have 
linui;-? 


langf 


that  such  verdict  should  be  carried  out,  whatever  it 
might  be.  The  decision  of  this  jury,  for  a  lynch 
court,  was  somewhat  singular.  The  prisoners  were 
found  guilty  and  ordered  to  be  given  over  to  the 
legally  constituted  authorities  for  trial. 

The  people  of  Mokelumne  Hill  thought  Henry 
Lorenze  had  taken  Hopkins'  money,  but  they  could 
not  prove  it.  One  Sunday  evening — it  was  the  4th 
of  October  1857 — Smith  invited  Lorenze  to  drive 
with  him.  Jogging  along  happily  in  a  buggy,  sud- 
denly five  masked  men  sprang  from  the  roadside, 
seized  Lorenze,  and  carried  him  up  to  a  flume,  where 
they  nearly  strangled  him.  Repeating  tlicj  process 
of  lifting  up  and  letting  down,  with  intervals  of  rest 
for  confessional  purposes,  for  about  two  hours,  Lorenze 
was  permitted  to  depart,  nothing  having  been  choked 
out  of  him.  It  is  needless  to  say  that  his  friend  Smith 
did  not  wait  with  his  vehicle  for  him. 

One  of  the  Wolfskills,  of  Solano  County,  in  October 
1857  lost  a  horse,  which  was  supposed  to  have  been 
stolen.  One  day  the  animal  returned  of  its  own  accord, 
but  with  a  saddle  on  its  back.  After  due  inquiry  a 
Mexican  living  in  Vaca  Valley  was  pronounced  the 
guilty  person,  whereupon  a  part}''  of  the  horse  owner's 
friends  called  upon  the  j\Icxican,  who,  seeing  them 
liandle  with  such  grace  and  looseness  the  ominous 
hemp,  threw  himself  upon  a  horse  and  fled.  The 
others  were  instantly  after  him,  and  they  finally  suc- 
ceeded in  running  him  down  in  the  vicinity  of  the 
Potrero  Hills.  Then  they  hanged  him  in  due  form  : 
but  before  life  was  wholly  extinct,  on  ascertaining 
that  he  was  not  the  man  they  had  taken  him  for,  and 
no  horse-thief,  they  lowered  him  gently  and  begged 
his  pardon.  Connnenting  on  a  similar  incident,  tlie 
editor  of  the  New  York  Deuiocrat,  writing  'hung'  for 
'hanged,'  'vigilance  committee'  for  'mob,'  and,  per- 
haps, 'Illinois'  for  'California,'  says: 

"Lynch  law  is  tolerably  effective,  but  it  has  its  faults.  Mistakes  are  liablo 
to  occur.    The  other  day  in  Illinois  a  vigilance  committee  hung  a  man  because 


;>G0 


INFELICITIES  AND  ALLEVIATIONS. 


he  looked  like  another  man  who  had  stolen  a  horse.  The  mistake  was  dis- 
covered after  the  man's  neck  had  heen  twisted  all  out  of  shape  and  the 
breath  of  life  had  been  permanently  removed  from  his  body.  Ho  naturally 
felt  a  little  cool  toward  that  committee,  and  no  amount  of  apology  on  their 
part  could  restore  him  to  a  proper  sense.  The  lynch-law  men  should  be 
BUI*  they  are  right  before  they  go  so  recklessly  ahead." 


The  Argonauts  of  California  were  not  much  given  to 
vexatious  civil  suits,  but  had  their  own  way  of  filing 
demurrers,  enjoining  trespassers,  perfecting  titles, 
etc.;  and  it  certainly  had  the  advantage  of  economy 
and  despatch.  In  the  summer  of  1858  a  company 
of  miners  were  working  a  bar-claim  on  the  Stanislaus 
Kiver,  near  Peoria  Bar,  using  a  wheel  for  raising  the 
water  into  their  sluices.  Two  Frenchmen  went  to 
work  below  thorn,  with  a  view  of  fluming  the  river, 
and  were  putting  in  a  dam,  which  had  attained  such  a 
height  as  to  force  the  water  back  on  the  wheel  of  the 
other  company,  when  the  latter  remonstrated.  An 
angry  altercation  followed,  the  canons  for  a  time  rever- 
beratiiio'  with  the  sonorous  maledictions  of  Missouri 
minu'lud  with  the  trilling^  r's  of  France.  Then  the 
Frenchmen,  issue  having  been  thus  legally  joined, 
went  to  their  cabins  and  came  forth  witli  shot-guns, 
and  opened  fire  on  the  others,  who  were  unarmed, 
soon  stretching  throe  of  them  upon  the  ground,  one 
dead  and  two  mortally  wounded.  The  Frenchmen, 
taking  their  arms,  left  the  place.  Some  miners, 
headed  by  a  man  named  Pike,  followed  them  across 
the  Stanislaus  River  and  up  into  the  Chaparral 
]\Iountains,  where  a  fight  ensued  in  which  Pike  was 
slain  outright  and  one  of  his  followers,  Charles  Ken- 
nedy, mortally  wounded.  The  victorious  Frenchmen 
then  continued  their  journe}^  but  probably  soon  found 
their  "  last  camp,"  as  all  the  miners  of  that  region 
were  on  the  lookout  for  them. 

A  Mexican  gambler  named  Pansa  stabbed  a  Ger- 
man at  Sutter  Creek.  The  miners  selected  a  jury 
and  tried  the  Mexican;  the  jury  found  him  guilty, 
and  the  verdict  was  seventy-five  lashes,  as  the  Gci- 


TOWN-BUILDING  AND  HANGING. 


561 


(lis- 
thc 
rally 
their 
d  be 


ill  to 

iling 

itles, 

loiny 

pany 

slaus 

<y  tlie 

nt  to 

river, 

iucli  a 

3f  tlic 

i.    An 

rever- 

issouvi 

u  tlie 

oined, 

tirmed, 
lul,  one 
ilimen, 
[niners, 
across 
|aparral 
ike  was 
Is  Kcn- 
Lchmen 
[i  fouml 
region 

a  Oer- 
a  jury 

ruiltV, 

le  Gev- 


man  was  still  living;  but  should  he  die,  Pansa  was  to 
be  hanged.  The  lashes  were  given  with  a  will.  The 
next  day  the  German  died;  the  Mexican  was  then 
executed.  The  justice  of  the  verdict  was  conceded 
oven  by  his  own  countrymen.  The  whipping  in  ad- 
dition to  the  hanging  would  not  have  been  required 
had  the  German  died  outright;  but  when  the  suftering 
of  his  victim  for  twenty-four  hours  is  considered,  the 
sentence  seems  to  present  some  shades  of  equity  finer 
than  those  often  distinguished  by  the  law. 

Nine  thousand  dollars  were  stolen  from  the  ex- 
press ofiice  at  Fiddletovvn  on  Sunday  night,  the  1st  of 
February  1857.  Five  men,  notorious  as  gamblers  and 
thieves,  were  arrested  and  lodged  in  jail  on  suspicion. 
Unable  to  obtain  the  facts  in  the  affair,  two  of  the 
])risoners  the  Tuesday  following  were  taken  out  and 
lifted  by  ropes  round  their  necks,  but  were  lowered 
before  life  was  extinct.  They  would  confess  to  nothing, 
and  were  set  at  liberty.  On  Fiiday  another,  Step- 
})orfield  by  name,  having  displayed  much  bravado 
throughout  the  affair,  was  brought  out,  pinioned,  and 
hanged  to  a  tree,  but  was  rescued  by  tlie  sheriff,  who 
removed  him  to  Jackson  jail. 

The  people  of  Bangor,  Butte  County,  it  appears  did 
not  approve  of  the  murder  of  Chinamen, even  by  white 
people.  On  the  2d  of  April  1857  four  men,  who  had 
escaped  the  sheriff  holding  them  on  a  charge  of  killing 
a  Chinaman,  were  pursued  and  captured  by  the  people, 
aiul  three  of  them  instantly  hanged.  Before  the  ex- 
ecution the  criminals  confessed  their  guilt.  They 
belonged  to  a  gang  of  about  fifty  outlaws. 

Gold  in  tempting  quantities  being  discovered  on 
Butte  Creek  in  the  early  summer  of  the  same  year, 
the  treasure-hunters  assembled  to  adopt  measures  for 
laying  out  a  town.  First  the  spot  must  be  christened. 
' Goats ville'  one  suggested  for  a  name;  another  'Hu- 
borsville,'  another  *  Shaderville,'  but  *  Diamondville' 
carried  by  seven  majority.  Hangmg  seemed  next  in 
order;  that  is  to  say,  let  an  example  be  made,  and  so 

Pop.  Tbib.,  Vol.  I.    30 


INFELICITIES  AXD  ALLEVIATIOXS. 


M:'i 


secure  safety.  The  victim  was  a  Chinaman  seen  rob- 
bing the  sluice  of  one  Timothy  O'Mera  at  midnight. 
The  heathen  was  detected  by  a  watchman  and  shot, 
once,  twice;  notwithstanding  the  leaden  increase  of 
weight,  John  ran  two  hundred  yards,  when  he  fell  and 
was  captured.  Semi-strangulation  was  resorted  to  in 
order  to  ascertain  the  whereabouts  of  plunder  pre- 
viously taken.  John  was  firm.  Off  came  the  pride- 
sustaining  queue;  still  John  spoke  no  words.  Finally 
even  his  Cliinese  stoicism  gave  way,  and  the  poor 
Celestial  promised  if  his  tormentors  would  take  liini 
to  the  tent  of  a  countryman  he  would  pay  two  hun- 
dred dollars,  which  was  the  amount  said  to  have  been 
taken.  Unable  to  walk,  the  miners  carried  him;  but 
arrived  at  his  brother's,  alas!  he  knew  him  not.  Dis- 
tress severs  tlie  affections  even  of  Chinamen.  Some 
were  now  lor  hanging  what  remained  of  John  upon  ;i 
tree.  But  others  said  No;  what  advantage  should 
accrue  from  extinguishins:  the  little  lifrht  left  in  thai 
vmhallowed  lamp  ? 

Entering  Aubui-u  by  a  certain  road  early  one  morn- 
ing in  Februar  1858,  one  might  have  seen,  perhaps 
with  some  surprise,  a  black  body  jiendent  from  a  tall 
pine  about  half  a  mile  from  the  town.  The  negro's 
name  was  Aaron  Bracy,  and  he  was  placed  there,  a1 
some  moment  selected  from  the  silent  hours  of  the 
night  previous,  by  tlic  citizens  of  Auburn,  who  took 
him  from  the  custody  of  the  law,  to  which  he  had 
voluntarily  doliverod  himself  after  the  murder  of  a 
much  respected  iidiabitant  of  the  place. 

It  is  not  often  that  a  Chinaman  kills  a  white  woman 
in  California;  yet  there  was  such  an  occurrence  at 
Cooke  Bai",  near  Sacramento,  the  18th  of  Octobof. 
Mrs  Sarah  Xeal,  a  respectable  Irish  woman  with 
four  or  live  thousand  dollars,  kept  a  store  at  the  tinio 
and  place  above  mentioned.  Shortly  after  mid-day, 
during  the  hours  of  business,  while  the  woman  liap- 
pened  to  be  alone  in  the  store,  a  Chinaman  ontoind 
and  with  a  knife  cut  her  to  death.     The  Chinaman 


THE  YEARS  18r)8-9. 


sm 


shot, 
,e  of" 
L  and 
to  in 

pre- 
)riflc- 
inally 

poor 
c  liini 
)  hun- 
3  been 
a;  but 
Dis- 

Somo 
upon  a 
shoulil 
in  thai 


was  immediately  hanged  by  the  people.  The  cause  of 
the  killing  is  not  known;  John's  ways  ai'e  mysterious. 
Harrison  Morgan  and  Richard  Wallace  were  ar- 
rested the  30th  of  November  1858  on  suspicion  of 
the  murder  of  John  Leary,  constable  of  Columbia. 
The  prisoners  w^ere  lodged  in  jail  at  Sonora,  and  on 
the  2d  of  December  were  taken  to  Columbia  for  ex- 
amination. Wallace  confessed  to  numerous  thefts,  but 
denied  the  nmrder;  aijainst  Morjjan  thei'e  was  stron^jer 
evidence  of  guilt.  Meanwhile  the  cloud  of  popular 
opinion  blackened  without.  The  officers  saw  the 
coming  storm,  and  when  ready  to  remove  the  prisoners 
ordered  the  court-room  cleared  of  spectators.  The 
sheriff's  buggy  was  standing  at  the  back  door;  and  as 
all  seemed  quiet,  although  the  assemblage  was  large, 
he  did  not  anticipate  danger.  Sedgwick,  the  sheriff, 
and  Mullan,  the  marshal,  took  Wallace,  while  tlie 
deputy  sheriff  and  a  constallj  conducted  Morgan.  As 
the  party  passed  out,  a  rush  was  made  by  the  crowd 
for  the  prisoners.  ^Morgan's  keepers  struggled  man- 
fully to  hold  him,  and  Morgan  struggled  manfully  to 
be  held  by  them;  but  the  mob  was  too  many  for  them, 
and  away  he  went  to  his  death.  The  sheriff,  wlien  he 
.saw  one  prisoner  lost,  shoved  Wallace  back  into  tlio 
court-room.  There  were  now  ccmiparatively  few  people 
about  the  place, most  of  them  having  followed  ^lorgan. 
Yet  there  were  enough  to  give  the  sheriff  a  severe 
struggle  before  he  succeeded  in  placing  the  prisoner 
in  the  buggy  beside  the  driver,  and  sending  him  as 
last  as  the  horse  could  run,  with  the  mob  liowlinsf  at 
his  heels,  toward  the  Sonora  jail.  Night  canu'  on 
apace,  cold  and  -'^''•idy.  With  the  departure  of  the 
sun  the  feverish  passions  of  the  multitude  sul)sidetl. 
The  miners  scattered  to  their  homes;  and  where  so 
lately  the  infuriated  mob  had  stirred  the  dust  with 
their  wrestlings  and  rent  the  air  with  cries  of  venge- 
ance, quiet  I'cigned.  Along  the  dusty  road  that 
leads  from  Gold  Springs  came  roundly  racking  a 
dusky  cliild  of  the  Flower}'  Land.     A  basket  of  tish 


'  ii 


m 


INFELICITIES  AND  ALLEVIATIONS. 


was  on  his  head,  and  round  liis  heart  played  feline 
strains  of  home.  Just  as  he  was  passing  under  the 
flume  that  crosses  the  road  near  the  town  his  head 
came  in  contact  with  a  long  swinging  object,  which 
sent  his  basket  of  fish  flying  into  the  bushes.  Look- 
ing up  he  saw  dangling  about  his  head  the  grim  corpse 
of  Morgan  the  murderer,  left  hanging  there  a  few 
hours  before  by  his  relentless  executioners,  John's 
bieatli  came  wheezing;  his  coppery  face  assumed  an 
amber  hue;  his  almond  eyes  grew  round;  the  very 
tail  of  him  rose  and  pointed  backward  toward  the 
object  of  his  consternation  as  he  ambled  swiftly  into 
town. 

As  late  as  1859  pistol -carrying  obtained  at  Mari- 
posa. To  see  rational,  civilized  human  beings  mingling 
friendlily  or  ])assing  back  and  forth  between  neighbor- 
ing towns  with  huge  six-shooters  strapped  to  their 
waist,  as  if  to  kill  and  keep  from  being  killed  consti- 
tuted an  important  part  of  each  day's  economy — it 
was  interesting.  There  was  a  whole  volume  of  un- 
evolved  sociological  science  in  it.  It  was  most  kind 
in  Mr  Colt,  just  as  gold  was  discovered  in  these  parts, 
to  furnish  Californians  with  such  beautiful  claws  as 
God  had  forgotten  to  give  them.  All  animals  but 
man  have  weapons  forged  for  them  by  nature;  now 
man  has  his,  and  the  work  of  creation  is  complete. 
Claw,  cut,  shoot,  kill,  thou  more  than  wild  beast!  for 
the  brute  does  thus  for  food  or  safety,  and  under  the 
influence  of  instinct,  while  soul-endowed  intellectual 
man  kills  for  nothing,  oftentimes  for  the  mere  pleasure 
of  killinij. 

The  body  of  a  murdered  man  named  Shields  was 
found  near  Pine  Grove,  Sierra  County,  in  the  spring 
of  18G0,  and  one  John  O'Donnell  was  suspected  ol' 
the  crime.  Shields  was  known  to  be  the  seducer 
of  O'Donnell's  wife,  and  by  the  better  portion  of  the 
community  the  homicide  was  considered  justifiable  if 
perpetrated  by  the  man  whose  home  had  been  thus 
destroyed.    Shields'  friends,  however,  determined  that 


THE  YEARS  IrtOO-T.. 


868 


O'Donnell's  life  should  atone  for  the  iriurder,  and  his 
arrest  was  demanded.  A  legal  trial  was  instituted, 
where  the  conflicting  testimony  made  it  probable  that 
the  jury  would  acquit  him;  but  in  case  the  jury  dis- 
agreed, O'Donnell  was  to  be  transferred  to  the 
]  )ownieville  jail,  thirty  miles  distant,  to  await  further 
investigation.  The  snow  was  deep  at  the  time,  and 
the  Shields  pa/ty  expressed  fear  that  O'Doimell 
might  escape  the  authorities  while  being  transferred. 
To  remove  all  uncertainty  as  to  acquittal  or  esca])e, 
the  rough  element  banded,  nunibering  about  one  hun- 
dred and  forty  men,  and  disguised,  marched,  toward 
midnight  the  2d  of  April,  to  the  hotel  where  O'Don- 
nell in  the  custody  of  a  constable  was  taking  supper. 
Surrounding  the  building,  they  awaited  the  signal, 
two  pistol-shots,  when  the  mob  rushed  forward, 
entered  the  room,  seized  O'Donnell,  and  witliout 
allowing  him  any  time  for  preparation,  led  him  to 
Pratt's  livery-stable,  where  they  improvised  a  gallows 
and  executed  him,  leaving  the  body  to  disclose  the 
deed,  but  nothing  to  indicate  the  authors  of  the 
tragedy. 

In  the  spring  of  18(51  at  the  mission  of  San 
Gabriel  crime  assumed  atrocious  proportions  in  the 
Ircquencv  of  abusive  attacks  by  men  upon  their  wives. 
Within  a  week  or  two  no  less  than  three  ( \ilifoinians 
had  been  arrested  for  inhuman  treatment  of  women, 
one  of  whom  had  been  sentenced  to  the  state- j)rison 
\'ov  tive  years;  another  was  in  jail  awaiting  sentence, 
while  the  third,  Alvitre,  received  immediate  punish- 
ment by  the  peoph%  as  the  following  account  details: 
.b>se  Claudio  Alviti'e,  a  har.l-driidcing  man  sixty  years 
of  age,  lived  with  his  wife  at  the  old  mission.  They 
had  a  family  of  twelve  children,  the  most  of  them 
grown  up  and  away  from  home.  The  old  man  when 
under  the  influence  of  liquor  seemed  to  have  an  al- 
most insane  desire  to  abuse  his  wife,  for  which  offence 
ho  had  recently  been  imprisoned  for  four  months.  On 
the  5th  of  May,  after  drinking  freely,  he  tletermined 


566 


INFELICITIES  AND  ALLEVIATIONS. 


upon  taking  mcfre  severe  measures  than  ever,  and 
giving  errands  tb  his  several  cliildren,  was  left  alone 
with  his  wife,  whom  he  stabbed  several  times,  causing 
immediate  death.  As  soon  as  the  fact  was  made 
known  a  crowd  gathered  about  tlie  house,  and  seizing 
Alvitre,  took  him  to  a  tree,  where  his  countrymen 
liad  made  preliminary  [)reparations  for  his  execution. 
The  circumstances  needed  no  investigation;  there  was 
no  doubt  that  the  woman  had  been  nuirdered  by  his 
liand.  Accordingly  he  was  placed  on  horseback  be- 
neath the  tree,  a  lariat  thrown  over  a  limb,  one  end 
noosed  about  his  neck,  and  the  horse  driven  from 
under  him. 

Between  Elizabeth  Lake  and  Fort  Tejon  in  March 
18G2  some  travellers  discovered  four  bodies  suspended 
from  trees.  They  had  engaged  in  cattle-stealing  witli 
impunity  for  some  time,  but  at  last,  overtaken  by  the 
owners  with  the  stolen  cattle  in  their  i)ossession,  they 
had  been  executed  without  trial,  and  their  bodies  leit 
imburied  as  a  warning  to  others. 

Tlio  2  !tli  of  August  18G3  at  Gilroy  an  Indian  was 
arrested  for  the  murder  of  a  teamster.  The  culprit 
was  committed  for  trial  by  the  court,  but  the  mob 
took  him  from  jail  and  hanged  him  from  a  tree  in  the 
street.  It  w^as  only  a  poor  native;  he  had  no  money; 
what  was  the  use  of  trial? 

Charles  Barnhart  and  William  Riggs,  the  22d  ol' 
June  1865,  at  Susanville,  cu  route  for  Chico,  quar- 
relled about  a  piece  of  rope.  The  shortest  way  to 
settle  the  difficulty  ^\as  for  one  to  kill  the  other,  and 
this  the  former  did.  The  shortest  way  to  justice  was 
to  hang  the  homicide  with  the  same  piece  of  rope, 
and  this  the  passengers  immediately  did,  erecting 
apparatus  for  the  purpose  from  the  trams  of  their 
wagons.  Ergo,  of  the  three  subjects  to  die  contro- 
versy, Charles,  William,  and  the  rope,  there  remained 
onlj'  the  rope. 

On  the  19th  of  November  186G  the  store  of  John 
Newhouse  in  Chipps  Flat,  Sierra  County,  was  robbed 


THE  YEARS  1807-9. 


:.07 


of  goods  and  provisions.  The  following  night  Xcw- 
house  went  alone  to  search  the  premises  of  some 
Chinamen  whom  he  suspected  of  having  committed 
the  robbery.  As  he  did  not  return,  his  friends  became 
alarmed  and  went  in  search  of  him.  Aftei-  visiting 
several  Chinese  camps  to  no  purpose,  there  appeared 
enough  suspicious  circumstances  t(-)  justify  them  in 
arresting  a  Chinaman  called  Whalebone.  Promising 
no  harm  should  befall  him  if  he  would  confess  what 
he  had  done  with  Mr  Newhouse,  he  led  thcin  to  a 
place  where  the  body  lay.  The  Chinese  had  cut  it  in 
two,  that  they  might  the  more  easily  dispose  of  it. 
The  body  was  removed  to  Chipps  Flat,  and  Whale- 
bone was  brought  before  the  justice  of  the  jK^ace,  wlio 
began  a  legal  inquiry.  The  report  of  the  nunder  having 
spread,  a  crowd  of  two  hundred  minors  gathered  round 
the  mutilated  corpse,  the  sight  of  whicli  so  exasperated 
them  that,  in  spite  of  all  the  officers  could  do,  tliey 
burst  into  the  court-room  and  took  the  trembling 
Whalebone  and  stoned  him  to  death;  then  hanged 
the  body  to  a  limb  of  a  tree.  After  that  they  wtnit 
tJirough  the  Chinese  camp  and  levelled  every  cabin 
to  the  ground.  It  was  only  by  the  utmost  eti'oits  of 
officers  and  the  better  portion  of  the  comnuuiity  that 
a  general  destruction  of  all  the  Chinese  propert}-  in 
the  county  was  prevented. 

Another  execution  at  San  Juan  is  recorded  as 
having  occurred  on  the  IGth  of  May  18G7.  One 
Elder  Thompson,  working  for  F.  Ross,  assaulted  Mi-s 
Ross  in  the  absence  of  her  husband.  Thompson  was 
arrested,  and  while  being  taken  to  jail  to  await  the 
action  of  the  grand  jury,  the  stage  in  which  lie  was 
riding  was  brought  to  a  halt  by  a  band  of  masked 
men,  who,  seizing  the  prisoner,  dragged  him  to  a  tree 
and  hanged  him.  The  neighbors  found  the  body 
there  the  next  day  and  buried  it. 

Estdvan  was  a  bad  Indian;  and  when  under  a  tree 
in  the  alameda  of  San  Juan  on  the  morning  of  the 
21st  of  August  18G7  the  body  of  William  Fitzgerald 


Ml 


INFELICITIES  AND  ALLEVIATIONS. 


was  found  dead,  suspicion  fell  on  Estdvan,  for  he  had 
been  seen  to  leave  the  town  that  niorninij.  Pursued 
and  brought  back,  ho  was  regularly  tried  by  the  people 
and  executed  beneath  the  same  tree  where  lay  his  yet 
unburied  victim.  His  guilt  was  clear,  some  of  the 
dead  man's  clothing  being  on  his  person  when  ar- 
rested. Like  a  martyr,  like  a  Roman,  like  any  one 
who  manifested  the  utmost  indifference  to  fate,  sighing 
no  sighs,  groaning  no  groans,  praying  no  prayers,  ask- 
ing no  favors  from  God  or  man,  Estdvan  died;  and 
yet  he  was  only  a  poor  bad  Indian.  For  this  no  one 
sings  Estevan's  praises;  why  then  so  laud  the  great 
and  good  who  die  serenely? 

At  Gronnville,  Plumas  Conity,  a  reckless  fellow, 
Webb,  stabbed  and  killed  an  unoffending  citizen  named 
Gephart  on  the  30th  of  March  1868.  Webb  was 
arrested  by  an  officer,  who  was  obliged  to  surrender 
him  to  an  incensed  crowd  and  see  him  executed  that 
evening  without  trial  or  time  for  preparation. 

Considerable  suffering  was  caused  the  settlers  round 
Clear  Lake  from  the  overflow  of  waters,  which  thej^ 
believed  came  from  the  dam  thrown  across  Cache 
Creek  by  the  fiour  and  sawmill  company.  Failing  to 
obtain  redress  from  the  courts,  three  hundred  men, 
armed  to  the  teeth,  assembled  at  the  mills  on  the  IHth 
of  November  18G8  and  began  the  work  of  destruction. 
The  sheriff  witli  his  assistants  appeared,  but  not  only 
were  they  unable  to  control  so  powerful  a  force,  but 
were  themselves  taken  prisoners.  A  request  was  sent 
the  governor  for  trooj)s,  but  it  did  not  reach  him  until 
after  the  mills  were  burned  and  the  dam  torn  away. 

A  gang  of  Mexican  liorse-thieves  was  pursued  by 
Sheriff  Bourland  and  his  j^jo.we,  of  Tuolumne  County, 
in  August  1 8(59,  and  overtaken  between  Hornitos 
and  Lai,ran«xe.  The  officer,  meeting  with  resistance, 
fired  upon  the  Mexicans,  killing  three.  They  cap- 
tured one  named  Robbes,  who  was  taken  to  the  sheriff 
of  Snelling,  Merced  County,  with  orders  to  be  sent 
by  him  to  Sonora.     A  deputy  sheriff  started  with  him 


THE  YEARS  1870-5. 


560 


had 
jueil 
oplo 
i  yet 
'  tho 
I  ar- 
r  one 
jhhig 
,  ask- 
;  and 
o  one 
great 

oUow, 
lamcd 
b  was 
render 
d  that 

round 
they 

Cache 

ing  to 
men, 
ir)th 

action. 

only 

e,  but 

as  sent 
until 
away, 
ed  by 
ounty, 
ornitos 
stance, 
y  cap- 
sherift' 
e  sent 
th  hiiu 


n 


d' 


in  a  buggy,  but  was  stopped  on  tho  way  within  a  few 
miles  of  Lagrange  by  lour  masked  men,  who  seized 
the  prisoner  and  hanged  him. 

From  the  calaboose  at  Watsonville  three  men,  com- 
mitted for  the  nmrder  of  one  Indian  Bill,  were  taken 
by  a  mob  to  Pdjaro  bridge  and  there  hanged  on  the 
n'ight  of  tho  IGth  of  May  1870. 

In  the  jail-room  of  the  Oroville  court-house  on  the 
morning  of  the  24th  of  August  1870  C.  Olsen  lay 
(^onlined  for  the  killing  of  M.  Logan.  Before  day- 
break about  forty  men  surrounded  the  premises  and 
j)osted  their  sentinels  at  each  corner  and  at  the  en- 
trance. A  party  of  them  then  entered  the  jailer's 
loom,  in  the  basement  of  the  building,  and  seizing  the 
undcr-shoriff',  Vera,  wrested  from  him  the  keys  of 
tho  jail.  No  one  present  knew  how  to  use  them  ex- 
cept Vera,  and  he  refused  to  reveal  his  knowledge. 
The  jail  door  was  then  battered  down,  and  the  cell 
entered  where  Olsen  was  confined.  Dark  hints  of 
l)l()ody  acts  done  within  those  narrow  walls  were 
thrown  out,  but  nothing  definite  is  known.  That  Olsen 
was  shortly  afterwaid  taken  to  a  derrick  near  the 
railroad  station  and  hangea  was  a  fact  palpable  to  nil. 

At  Bakersfield  on  the  Gth  of  September  1870  Juan 
(le  Dies  Sepijlveda,  of  Los  Angeles,  was  taken  from 
the  custody  of  the  sheriff  to  a  cotton-wood  tree  near 
by  and  hanged  by  the  people.  During  the  day  the 
great  number  of  native  Californians  well  armed  and 
most  of  them  mounted  had  been  remarked.  These 
had  leagued  with  the  white  citizens  of  that  vicinity 
to  rid  the  country  of  bad  characters.  Sepiilveda  had 
been  before  Justice  Jones  for  examination,  and  when 
he  was  brought  out,  one  of  the  horsemen  rode  up  to 
the  officer  as  if  to  speak  to  him.  Watching  his  oppor- 
tunity, he  suddenly  seized  the  prisoner;  the  crowd 
jiressed  round  to  his  support,  and  luirrying  the  un- 
fortunate man  away,  they  accomplished  their  purpose. 

In  El  Dorado  County  some  jewelry  was  stolen 
during  the  winter  of  1872,  and  suspicion  fastening 


570 


INFELICITIES  AND  ALLEVIATIONS. 


i'v ' 


l\ 


i 


upon  a  Chinaman,  ho  was  tortured  by  atraugling  throo 
times,  to  extort  a  confession  as  to  the  liiding-placc  of 
the  vakiables.  As  he  reiterated  to  the  last  his  inno- 
cence and  ignorance  of  the  theft,  he  was  Hberated. 
There  was  an  arbitrary  execution  in  Cholame  Valley  in 
1873,  and  several  bad  characters  were  expelled  from 
Gilroy  and  Salinas. 

George  Blanchard  was  a  young  man  from  New 
England,  twenty  years  of  age,  employed  on  a  rancho 
in  1874  by  a  Mr  Wild  at  San  Luis  Rey.  Patrick  A. 
Graliani,  a  neighbor,  brought  to  the  rancho  a  horse 
belonging  to  Wild,  which  he  said  had  strayed  upon 
his  land.  Graham  told  Blanchard  there  was  fifty 
cents  to  pay,  which  he  would  call  for  the  following 
day.  Accordingly  he  went  to  Wild's  house,  and  was 
met  at  the  door  by  Blanchard,  who  shot  and  instantly 
killed  him,  neither  having  spoken  a  word.  On  Satur- 
day, the  14th  of  February,  Blanchard  was  found  on 
the  banks  of  the  San  Luis  Rey  River  hanging  from 
a  tree,  the  rope  looped  at  the  back  of  his  neck  and  u 
wooden  gag  tied  in  his  mouth  with  a  buckskin  string. 
Notliing  was  ever  discovered  in  explanation  of  how  or 
by  whom  the  hanging  was  done. 

At  Silver  Mountain  one  Reusch  shot  a  man  named 
Ericcson  in  the  back  of  tlie  head.  Some  of  the  citi- 
zens banded,  believing  that  unfair  means  would  hv. 
used  to  clear  Reusch.  On  the  night  of  the  17th  of 
April  1874,  while  deputy  sheriff  Davidson,  accom- 
panied by  eleven  witnesses,  was  conveying  the  pris- 
oner to  Bridgeport,  Mono  County,  he  was  met  by  a 
body  of  vigilants  near  Johnson's  br:  Ige,  who  forcibly 
took  Reusch  froi  the  wagon  and  ordered  the  others 
to  proceed  to  th  turn  of  the  road  and  wait  there  ten 
minutes.  An  in*  rope  was  at  once  placed  round  the 
prisoner's  neck  a   d  the  other  end  fastened  to  the 

the  wretch  begged,  "My  God! 

)  my  father!  my  poor  mother  1  will 

The  mercy  he  had  denied  his  iu- 


bridge.     Piteousl 
what  can  I  say? 
no  one  save  me?' 


nocent  victim  could  not  be  granted  him.    A  moment 


A  LATTER-DAY  OUTRAGE. 


671 


later  and  a  piercing  shriek  broke  the  awful  stillness; 
the  fall,  twelve  feet,  was  so  great  that  tlie  rope  broke 
and  the  body  foil  a  distance  of  twenty  foot.  C.  P. 
Goff,  counsel  for  Reusch,  and  Mrs  L.  C.  Brittan  we-  e 
warned  "  by  an  outraged  comniunity,"  as  the  t)rder 
was  signed,  to  leave  the  county  within  thirty  days. 

At  Windsor,  Sonoma  Count}^  two  well  known 
farmers  named  Rowland  and  Charles  W.  Henley  had 
I'anchos  adjoining.  A  feud  had  existed  between  them 
concerning  their  land  rights,  which  Henley  brought 
to  a  crisis  on  the  morning  of  the  9th  of  May  187G, 
wlien,  in  the  midst  of  a  quarrel,  he  raised  his  shot- 
gun and  discharged  some  bird-shot  into  the  body  of 
Rowland,  who  fell  mortally  wounded.  Henley  at  once 
started  for  Santa  Rosa,  where  be  delivered  himself  to 
the  authorities  and  stated  the  facts.  He  said  that 
he  had  acted  in  self-defence;  but  as  there  were  no 
witnesses,  the  case  in  court  would  prove  douljtful. 
Henley  was  a  white-haired  man  of  fifty-five,  and 
married;  Rowland  was  ten  years  younger,  and  un- 
married. Naturally  a  trial  should  folJDW  and  jus- 
tice be  administered.  But  at  midnifjht  on  the  9tli  of 
June  a  force  of  one  hvmdred  masked  and  armed  men 
took  possession  of  the  jail.  They  had  cut  the  bell- 
rope  of  the  engine-house  to  prevent  an  alarm,  had 
captured  the  watchman  near  the  prison,  and  had  en- 
tered Sheriff  Wilson's  house,  obliging  him  to  dress  and 
come  with  them  to  the  jail,  leaving  a  guard  of  eight 
or  ten  to  see  that  the  women  should  not  make  known 
their  plans.  Arrived  at  the  jail,  they  surrounded  the? 
sherift',  and  with  pointed  [)istols  ordered  the  various 
gates  and  doors  to  be  opened,  their  men  stationing 
themselves  in  positions  designated.  Then  Wilson  was 
told  to  unlock  Henley's  cell.  There  lay  the  prisoner 
sleeping  peacefully.  Suddenly  awakened  to  the  awful 
reality,  he  exclaimed  brokenly,  "  Oh  Lord,  boys !  my 
life!"  Not  a  word  more,  for  he  was  gagged,  bound 
liand  and  foot,  and  hurried  out  of  prison.  The  crowd 
moved  on,  leaving  ten  men  to  guard  the  watchman 


572 


INFELICITIES  AND  ALLEVIATIONS. 


and  sheriff,  who  after  a  while  were  told  to  lock  the 
prison,  extinguish  the  lights,  and  enter  a  wagon, 
which  they  did.  They  were  then  driven  to  a  place 
known  as  Gravel  Slough,  where  they  were  released 
and  allowed  to  walk  home.  They  immediately  notified 
the  authorities,  who  proceeded  to  look  for  Henley, 
whom  they  found  hanging  from  the  limb  of  an  oak 
within  one  hundred  and  fifty  yards  of  the  spot 
where  the  sheriff  was  released.  The  press  condemned 
the  proceedings  in  strong  terms.  The  Sonoma  Demo- 
crat of  June  \7t\\  says: 

"For  the  first  time  in  its  history  Santa  Rosa  lias  been  outrageously  dis- 
graced by  the  violence  of  a  mob.  We  do  not  hesitate  to  denounce  the  act  as 
a  dastai'dly  outrage  on  the  law  and  on  common  decency.  There  can  be  no 
excuse  sufficient  for  overturning  and  bringing  into  contempt  the  majesty  of 
the  law  which  protects  the  'i^e  and  property  of  every  citizen." 

Says  the  San  Francisco  Post: 

"One  of  the  most  reprehensible  cases  of  Ijmching  that  has  over  occurred 
in  this  state  took  place  at  Santa  Rosa  on  Satunlay  morning.  Howsoever 
guilty  he  may  have  been  in  this  one  act,  he  was  not  a  desperado,  not  a  man 
dangerous  to  tlie  community,  where  for  many  years  lie  had  lived  an  inoffensive 
life,  lie  was  led  away  from  the  even  tenor  of  his  course  by  extraordinary 
circumstances,  and  was  awaiting  in  jail  the  i^unishment  which  the  courts 
might  inflict.  Under  such  circumstances  he  is  ruthlessly  seized  by  a  mob  and 
hanged.  Public  sentiment  must  condemn  such  an  act,  an<l  no  effort  should  bo 
S[)ared  to  bring  the  pc'iictrators  of  the  crime  to  justice.  The  era  of  vigilance 
committees  has  passed  in  this  state.  There  is  no  longer  a  shadow  of  excuse 
for  their  action,  and  the  heinousness  of  such  an  offence  is  as  mucli  greater  than 
ordinary  murder  as  organized  crime  is  more  deplorable  than  individual  viola- 
tion of  law. " 


It  was  a  gay  wedding,  but  it  was  the  dance  of  death 
which  followed.  The  ceremony  of  uniting  Thomas 
Flanagan  and  Mary  Pina  was  performed  by  Judgt; 
Harrison  at  Sanel  Valley  the  evening  of  the  20th  of 
December  1875.  Among  the  honored  guests  was 
William  Grangeiic,  a  ropentont  thief,  who  had  servetl 
a  term  in  the  state-prison  for  grand  larceny.  Whilo 
this  man  wa'j  standing  on  a  box  near  the  window  a 
ball  fired  from  without  came  crashing  through  tlic 
glass,  came  crashing  through  the  ex-convict's  skull, 


DOINGS  AT  SANTA  CRUZ. 


573 


liberating  the  crime-concocting  intelligence  therein 
contained,  liberating  mysterious  life,  and  leaving  only 
the  carcass  prostrate  upon  the  floor.  Jose  Antonio 
Igarra,  once  of  Vasqucz'  band,  was  suspected  and 
arrested,  but  while  the  examination  was  proceeding 
Ijcforc  Justice  Dooley  at  Hopland,  a  band  of  undis- 
guised men  entered  the  court-room,  took  thence  the 
])risoner,  and  hanged  him  from  an  oak  in  the  street 
three  hundred  yards  distant.  Grangcne  had  lately 
given  evidence  in  court  which  Igarra  did  not  relish. 

Near  Cloverdale  in  December  187G  one  Joseph 
Murphy  was  taken  by  masked  men  from  the  hands  of 
the  constable  while  on  the  way  to  Santa  Rosa  with 
the  prisoner,  who  was  accused  of  horse-stealing.  Con- 
ducted by  his  captors  a  little  distanco  from  the  road, 
^lurphy  was  gentl}^  elevated  in  the  attitude  of  in- 
tended strangulation  three  several  times  for  the  pur- 
pose of  enforcing  a  confession  as  to  who  were  his 
uccomplices.  But  Joseph  told  nothing,  and  so  was 
handed  back  to  the  officer,  who  had  been  meanwiiile 
guarded  by  members  of  the  party. 

At  Santa  Cruz,  the  3d  of  May  1877,  from  the  cross- 
beams of  the  upper  San  Lorenzo  bridge,  within  three 
hundred  yards  of  the  spot  where  he  was  born,  at  the 
age  of  twenty-one  Josd  Chan.alis  was  hanged  by 
about  forty  masked  men.  Francisco  Arias,  born  near 
Pesoadero  thirty- eight  years  previous,  was  executed 
at  the  same  time  and  place.  The  two  men  had  been 
arrested  a  short  time  bet'ore  for  the  murder  of  De 
Forest,  and  had  confessed  the  crime.  Chamalis  had 
served  a  term  of  three  vears  in  the  state -prison  for 
the  robbery  of  a  widow  named  Rodriguez.  Arias  had 
served  the  same  time  for  the  nmrder  of  a  sheep-herder 
ill  San  Luis  Obispo,  and  two  years  for  robbing  the 
liouse  of  P.  Murphy  of  Watsonville.  The  two  jail- 
1  li ids  were  then  free.  The  circus  coming  to  Santa  Cruz, 
they  desired  to  see  it;  during  their  long  residence  at 
San  Quentin  they  had  not  enjoyed  a  single  evening's 
amusement  of  that  character.  But  they  had  no  money. 


I 


574 


INFELICITIES  AND  ALLEVIATIONS. 


1";  s  ;■ 

m 


1-* 


"  Never  mind,"  said  Arias,  "  we  will  get  some."  So 
De  Forest  coming  along.  Arias  fired  at  him ;  but  fail- 
ing to  bring  him  down,  he  fired  again,  this  time  with 
fatal  success.  Eight  dollars  were  secured  by  this 
achievement,  and  the  now  happy  pair  went  to  the 
circus,  and  no  doubt  enjoyed  it  hugely. 

All  which  doubtless  was  very  exasperating  to  the 
iieigtibors  and  friends  of  the  slain  man  and  to  the 
people  of  Santa  Cruz.  For  circus -money  to  kill  an 
unoffending  man  while  quietly  walking  tlie  road,  and 
then  almost  to  boast  of  it,  exhibited  a  human  deprav- 
ity of  lower  depths  than  language  can  reach.  The 
men  should  die,  and  quickly;  of  that  there  could  be 
but  one  opinion.  But  the  Santa  Cruz  of  1877  was 
not  the  Santa  Cruz  of  1853.  Either  we  must  have 
laws  and  obey  them,  else  not.  If  the  friends  of  De 
Forest  may  break  into  jail  and  hang  two  very  bad 
men  who  are  surely  guilty,  and  so  save  the  state  much 
trouble  and  money,  may  not  the  friends  of  the  next 
man  slain  seize  and  execute  the  slayer,  when  it  was 
not  sure  he  was  deserving  of  death? 

The  necessity  for  forty  men  to  blacken  their  faces, 
secure  the  jailer,  break  open  the  prison,  seize  two 
prisoners,  place  them  in  a  wagon,  drive  them  to  a  plan; 
of  execution,  halter  their  necks  to  a  beam,  and  then 
drive  the  wajjon  from  under  them,  was  no  more  neces- 
sary  at  this  time  in  the  quiet  and  respectable  young 
city  of  Santa  Cruz  than  in  San  Francisco,  Boston,  or 
London.  In  the  one  place,  as  in  the  others,  the  prison 
was  secure,  the  officers  faithful,  and  the  judges  just. 
There  was  no  shadow  of  excuse  for  passionate  summary 
execution.  In  the  annuls  of  punishment  upon  this 
coast  I  have  not  met  an  instance  so  utterly  inexcusa- 
ble. There  are  many  more  brutal  and  unjust,  but 
none  so  uncalled  for.  What  these  forty  men  did  was 
simply  this :  They  defied  righteous  law,  brought  com- 
petent justice -dealing  courts  into  contempt,  and  com- 
mitted murder.  Life  and  projierty  are  little  less  secure. 
in  the  midst  of  a  rabble  ready  to  avenge  one  crime  In' 


VERY  BAD  CASES. 


committing  another  than   in  a  society  where  every 
man  is  his  own  jucge  and  executioner. 

Good  men  will  always  lament  the  unnecessary  re- 
sorting to  popular  means  for  the  punishment  of  crime. 
The  duty  popularly  to  punish  crime  in  the  absence  of 
adequate  government  has  not  been  usually  a  pleasant 
one.  Gladly  did  the  people  here  welcome  good  gov- 
ernment when  it  came;  gladly,  as  a  rule,  did  they 
leave  punishment  to  the  law  when  the  law  was  honest 
and  capable.  When  it  was  not,  it  is  my  pride  to  say 
they  were  not  slow  to  detect  it;  they  were  not  slow 
to  see,  to  think,  to  act.  Of  one  thing  we  raay  be 
sure,  namely,  that  no  more  in  the  Pacific  States  than 
elsewhere  in  America  is  there  a  disposition  to  ad- 
minister popular  justice.  For  every  case  in  California, 
like  this  of  Santa  Ci'uz,  during  the  last  decade  wo 
might  cite  ten  elsewhere :  like  the  hanging  of  Stevens 
and  Andrews  at  Warrensburg,  Missouri,  the  21st 
of  May  1867;  and  thai  of  Kennedy  and  others  at 
Wyoming;  and  Evans,  Hall,  and  White  in  Alabama; 
or  even  the  threatened  organization  of  a  vigilance 
committee  in  our  federal  capital. 

"I  feel  devilish  and  must  kill  somebody  1"  exclaimed 
Justin  Arajo  as  he  sat  in  a  store  at  San  Juan,  Mon- 
terey County,  about  noon  the  12th  of  July  1877. 
Going  to  the  door  he  saw  some  one  standing  by  the 
post-office.  "  That  man's  my  meat,"  ho  said,  and 
<h'awing  his  pistol,  shot  him  through  the  breast,  killing 
him  instantly.  Arajo  then  attempted  to  fly,  but  was 
caught  anil  incarcerated.  ^lanuel  Butron  was  the 
name  of  the  victim.  As  night  came  on,  sleepy  justici^ 
aroused  itself  anil  shook  out  its  musty  robes.  About 
one  o'clock  maskeil  men  overj)owered  the  jailer,  took 
from  him  the  key,  entered  the  prison,  and  taking  the 
villain  to  a  willow- tree  on  the  alameda  did  him  to 
death.  Never  again  will  Justin  Arajo  feel  devilish  in 
this  world;  he  is  now  where  he  may  enjoy  devilishness 
in  a  world  witliout  end. 
Christopher  Mutchler  attempted  to  fire  Hagermann's 


676 


INFELICITIES  AND  ALLEVIATIONS. 


saloon  in  Germantown,  Colusa  County,  on  the  night 
of  April  30,  1878,  and  while  so  engaged  received  three 
shots  in  the  thigh  from  persons  then  in  the  house. 
The  incendiary  was  arrested,  but  no  one  appearing 
against  him  he  was  discharged.  Fearing  violence 
from  the  citizens,  who  threatened  him,  Mutchler  at- 
tempted to  leave  town,  but  found  exit  barred,  even 
the  stage  men  refusing  to  carry  him.  Nevertheless 
he  managed  to  drive  away  in  a  private  conveyance 
during  the  night,  but  was  soon  arrested  and  brought 
back  on  charge  of  having  threatened  the  life  of  J. 
Kelley.  Not  long  after,  fourteen  masked  men  en- 
tered the  place  where  Mutchler  was  confined,  dragged 
him  into  the  street,  and  shot  him  to  death.  Mutch- 
ler had  money;  the  prosecuting  attorney  had  none; 
the  judge  had  but  little.  After  an  interview  with  the 
incendiary,  on  his  first  arrest,  the  prosecuting  attorney 
declared  there  was  no  case,  and  the  judge  discharged 
the  prisoner ;  tlien  the  prosecuting  attorney  absconded 
and  the  judge  resigned. 

Thus  we  see  how  the  work  goes  on,  even  to  the 
present  day;  and  we  may  be  very  sure  it  will  continue 
until  law  courts  cease  to  ba  but  a  mockery  of  justice. 


CHAPTER  XXXI. 

THE   DOWNIEVILLE   TRAGEDY. 

Souls  made  of  fire,  and  children  of  the  sun, 
With  whom  revenge  is  virtue. 

Young. 

It  was  a  rare  thing  in  California,  extremely  rare, 
for  rough  men  to  lay  their  hands  upon  a  woman. 
About  the  only  sentiment  of  youthful  memories 
which  with  time  and  distance  had  not  only  remained 
but  had  become  softly  intensified,  was  that  of  home 
hallowed  by  the  tender  influence  of  mother,  sister,  or 
that  nearer,  sweet  other  self,  wife.  So  woven  among 
the  fibres  of  the  heart  was  it,  so  mingled  with  the 
sensuous  blood,  so  wrapped  within  the  folds  of  pas- 
sionate imagination,  that,  like  ash-covered  coals,  the 
drearier  the  aspect  without,  the  warmer  glowed  the 
fire  within. 

They  could  cut  each  other  with  knives — these 
miners,  riddle  enemy  or  friend  with  bullets  and  smile 
at  it;  they  could  strangle  a  sluice-box  thief,  snap  the 
neck  of  a  Chinaman  by  a  twist  of  his  pigtail,  whet 
their  appetite  for  breakfast  by  the  butchery  of  a 
rancheria  of  natives,  but  injure  a  child,  ill-treat  an 
old  man,  or  do  violence  to  woman,  they  could  not. 

The}'-  were  men,  every  inch  of  theni  men — coarse 
and  brutal  in  some  respects,  but  still  men.  They 
could  do  wickedness  by  the  canonful,  but  it  must  be 
manly  wickedness  done  in  a  mani}'  way. 

Woman  was  their  weak  point;  the  memory  of 
woman  the  onlv  tliinu:  mellow  about  them.  Since  the 
Uay  when  chivalry  lil'ted  her  from  feudalistic  abase- 

Pop.  Tbiu.,  Vol.  I.    37  (577) 


678 


THE  DOWNIEVILLE  TRAGEDY. 


ment,  endowed  her  with  charms  and  graces  human 
and  divine,  fought  for  her  on  the  fields  of  knight- 
errantry,  and  adored  her  as  the  i^^imaculate  mother 
of  God,  woman  has  not  been  so  idohzed. 

A  woman  to  a  mining -camp  brought  the  odor  of 
Araby,  brought  the  sunshine  of  Eden.  The  atmos- 
phere was  mellowed  by  her  influence;  the  birds  sang 
sweeter  for  her  coming,  the  ground  was  softer  to  sleep 
on,  the  pick  was  lighter,  and  whiskey  less  magnetic. 
Fair  was  the  form  of  her,  radiant  her  presence,  thrill- 
ing her  touch.  Her  dress  was  as  the  drapery  which 
shrouded  the  mysterious  holy  of  holies,  and  sacred  was 
the  hem  of  her  garment. 

It  mattered  not  so  much  to  them  who  or  what  she 
was;  she  might  be  chaste  and  fair  or  as  wicked  as 
Jezebel,  she  was  the  impersonation  of  their  fancy- 
ridden  brain,  the  expression  of  their  innermost  icieal 
of  the  beautiful  and  good.  Possessed  in  all  thi)\  s 
else  of  physical  affinity  with  debasement,  the  thought 
of  her  was  the  sister  of  their  solitude.  Open  their 
hearts,  and  there  amidst  the  debris  of  a  thousand 
crushed  longings  her  image  alone  remained  unbroken. 

Then  wild  indeed  must  be  the  fury  that  maddened 
them  against  a  woman;  and  never  was  insensate ; 
wrath  more  manifest  than  among  the  miners  of  the 
Yuba  for  miles  on  either  side  of  Downieviile  when, 
on  the  morning  of  July  5,  1851,  it  was  known  that 
a  comrade  had  been  slain,  butchered  with  a  long  sharj » 
knife,  and  by  a  woman.  The  matter  of  sex  was  sud- 
denly lost  sight  of,  swallowed  in  the  gulp  of  passion 
which  left  nothing  to  the  mind  but  the  abominable 
bloody  fact. 

Joe  Cannon  killed!  Cut  to  the  heart,  and  by  a 
woman!  The  words  were  confusing.  The  breath  that 
uttered  them  came  labored;  thick  it  was,  and  murky 
in  its  significance.  The  blood,  receding  from  the  heart, 
clogged  in  the  veins,  and  respiration  was  well  nigh 
throttled  by  the  messengers  of  the  brain.  J'  t  was 
the  favorite  of  the  camp,  the  finest  fellow  that  ever 


JOE  CANNON. 


579 


nan 

Tht- 

ther 


)r  of 

mos- 

sang 

sleep 

nctic. 

tlirill- 
wliicli 
3(1  was 

lat  she 

keel  as 

faij;-y- 

it  icieal 

:liougUt 

n  their 

lousaiul 

broken. 
,ddened 
sensatc 
5  of  tlie 
e  wlieu, 
,vn  tliat 
ig  sliav|» 

Ivas  sud- 

ssiou 

)minal)lo 

id  by  '^ 

[ath  tlKit 

murlvV 

liclieavt, 

Ihat  ever 


swung  a  pick  or  dislodged  a  bowlder.  He  was  over 
six  feet  high,  straight  as  a  poplar,  with  limbs  as  clean 
as  those  of  a  newly  barked  madrono.  In  weight  lie 
fell  not  far  short  of  two  hundred  and  forty,  and  it  was 
all  muscle;  his  chest  was  like  that  of  an  ox,  and  the 
arms  of  Hercules  hung  from  his  shoulders.  And  yet 
he  would  not  harm  a  fly;  his  heart  was  as  tender  as 
liis  sinews  were  tough.  Joe  gone!  Stabbed  to  death, 
and  by  a  woman  I 

He  was  the  soul  of  honor,  w^as  Joe  Cannon.  He 
knew  not  the  meaning  of  the  words  cheating  and 
cliicanery.  He  was  not  very  learned;  single  and  sim- 
ple were  his  thouglits,  and  double-dealing  found  no 
place  in  his  accounts.  He  liked  his  occasional  frolics. 
The  strongest  need  a  respite ;  one  cannot  always  work ; 
but  though  he  could  laugh  and  carouse  with  the  Ijcst 
of  them,  lie  was  kinder  in  his  cups,  if  possible,  than 
out  of  them.  There  was  no  poison  in  his  heart  that 
the  most  fiery  liquid  could  bring  to  the  surface.  In 
nobleness  only  he  was  a  giant;  in  guile  he  was  a  child. 
Joe  Cannon  dead!  Stabbed  in  the  breast,  and  by  a 
woman ! 

Slowly  as  with  its  fullest  force  the  fact  was  realized, 
at  last  it  settled  on  them  that  it  was  true;  and  from 
the  friction  of  the  ebb  and  flow  of  heart  and  brain 
tides  there  sprang  a  heat  which,  increasing  with  tlic 
whirl  of  thought,  glowed  all  the  fiercer  from  being 
smothered  beneath  stifled  emotions. 

All  along  the  muddy  Yuba,  and  up  its  muddy  trib- 
utaries, the  accursed  tidings  sped  like  an  electric  mes- 
sage, telegraphed  from  claim  to  claim,  until  for  mik;s 
round  Downieville  were  heard  the  cries  of  "Murder!" 
"Joe  Cannon  killed !"  "  Cut  to  the  heart  by  a  woman !" 
Tlien  dropped  pick,  pan,  and  shovel  as  from  palsied 
hands;  water  was  left  to  run  to  waste,  and  the  gold 
un watched  in  the  bottom  of  the  sluice-boxes;  and  from 
up  and  down  the  muddy  Yuba,  and  down  its  muddy 
tributaries,  streams  set  in,  streams  of  angry  miners, 
silently  flowing,  though  hot  with  melted  emotions. 


m 


THE  DOWNIEVILLE  TRAGEDY. 


Five  thousand  men  and  more  gathered  In  Downie- 
ville  that  day.  Thronging  the  streets  were  traders, 
packers,  and  prospectors,  gamblers,  prostitutes,  and  pol- 
iticians, professional  rascals  and  rascally  professional 
men,  besides  the  miners  from  the  thickly  studded  line 
of  claims  that  mutilated  the  river  beds,  and  banks,  and 
gulches  all  up  and  down  the  foothills. 

At  ten  o'clock  the  deed  was  done,  and  at  eleven, 
surrounding  an  unfinished  tenement  of  split-boards 
into  which  the  unfortunate  man  was  carried  when 
stricken,  was  a  dense  throng.  Within,  just  where  he 
was  first  laid  on  a  slightly  sloping  puncheon  floor,  lay 
the  dead  miner.  No,  not  yet  quite  dead;  life  seems 
loath  to  leave  a  mechanism  so  perfect  and  of  such  fair 
proportions.  The  breath  comes  light  and  fitful,  though 
from  strong  lungs  still  struggling  to  perform  their 
functions.  A  broad  stream  of  blood  has  clotted  for 
itself  a  channel  from  the  breast  to  the  extremity  of 
the  floor.  Standing  round  the  prostrate  form  were 
half  a  score  of  miners  fresh  from  their  work,  with 
their  woollen  shirt-sleeves  rolled  up  above  the  elbows, 
and  their  overalls  tucked  into  the  tops  of  their  pon- 
derous and  muddy  boots;  silently  and  solemnly  they 
stand  with  their  grizzly  heads  uncovered  and  slightly 
bowed,  while  round  the  contracted  brow  and  com- 
pressed lips  sorrow  and  anger  struggle  for  the  mastery. 

Silence  within  and  silence  without,  until  at  length 
the  slauijhtered  miner  ceased  to  breathe;  then  from 
the  deep  stillness  there  rose  a  murmur,  at  the  fir.st 
almost  as  faint  as  had  been  the  dead  man's  breath, 
but  gradually  increasing  into  a  low  deep  buzz,  which 
every  border  man  in  an  angry  multitude  instantly 
recognizes  as  significant  of  blood.  Ex})ressive  to  the 
last  degree  and  deadly  ominous  is  that  sound,  coming 
as  it  does  from  a  silent  multitude,  breathing  an  uu- 
s]ioken  vengeance  more  terrible  than  the  loudest 
truiiipetings  of  passion. 

Soon  men  began  to  apeak  in  words.  Fresh  arrivals 
came  j)ouring  in.     Strangers  asked.  Who  is  he?    Who 


POOR  JUANITA. 


081 


nie- 

ors, 

pol- 

onal 

line 

,  and 

jvcn, 
)ards 
ivhen 
re  he 
r,  lay 
ieoms 
h  fair 

lOUgll 

their 

cd  for 

lity  of 

1  were 

,  with 

IboNVB, 

pon- 

thcy 

ghtly 

coni- 

astcry. 
ongth 
from 
10  first 
jrcath, 
which 
itantly 
to  the 
comiuy' 
an  uu- 
loudest 

irrivals 
I?   Who 


killed  him?  Where  is  the  murderer?  Presently  the 
centre  of  the  mass  from  standing  groups  and  pur- 
poseless indirection  began  to  surge  in  a  definite  direc- 
tion, signifying  all  too  plainly  that  it  was  time  for 
some  one  to  prepare  for  a  sudden  and  decisive  change. 
Pregnant  enough  with  purpose  were  now  the  miners. 
You  could  see  it  in  their  eye,  in  their  step,  in  the 
movement  of  the  hand;  their  pipes  smoked  of  sul- 
j)hur,  and  with  their  tobacco-juice  they  spat  fire. 
Most  significant  of  all,  however,  was  the  almost 
silent  buzz,  which  was  the  low  purring  of  the  blood- 
thirsty beast  about  to  spring  upon  its  prey. 

It  was  a  little  woman;  young,  too — only  twenty- 
four.  Scarcely  five  feet  in  height,  with  a  slender  sym- 
metrical  figure,  agile  and  extremely  gractiful  in  lier 
movements,  with  soft  skin  of  olive  hue,  long  black 
hair,  and  dark,  deep,  lustrous  eyes,  opening  liko  a 
window  to  the  fagot-llames  which,  kindled  with  love 
or  hate,  shone  brightly  from  within.  ]\Iexico  was  liur 
country;  her  blood  Spanish,  diluted  with  the  aborig- 
inal American.  Her  name  was  Juanita.  The  man 
she  killed,  with  one  hand  could  have  picked  hcv  up 
and  tossed  her  into  the  Yuba  River.  He  was  an 
Englishman  and  an  Australian  colonist,  but  not  a  man 
of  Sydney  in  the  sense  then  current. 

Though  a  stalwart  Britisher,  yet  he  could  not  let 
pass  the  iunnortal  Fourth  witliout  assisting  at  its 
observances.  True,  it  was  not  a  memorial  of  his  (,'oun- 
trj's  greatness;  but  while  the  Yankee  celebrated 
America's  successes  might  he  not  join  him  and  cele- 
hiate  England's  defeat?  Wh^^  should  we  call  to  mind 
our  glorious  gains  and  not  our  no  less  valuable  losses? 
The  lesson  was  })rolitable  to  England,  and  surely  her 
Australian  colonist  might  pro[)erly  acknowledgi'  it. 
Thouii'h  in  truth  Joe  Cannon  thou<>lit  more  of  the 
potation  part  of  the  performance  than  of  the  patriotic. 
Any  day  was  Fourth  of  July  to  him  and  worthy 
celebration  in  which  his  comrades  would  turn  out  and 
carouse  in  company. 


THE  DO^VNIEVILLE  TRAGEDY. 

And  this  time  thoy  had  made  a  glorious  night  of 
it.  Joe  Cannon,  with  the  rest  of  them,  was  very 
drunk,  and  consequently  very  happy.  From  store  to 
(store,  from  house  to  house,  up  and  down  the  streets 
and  through  all  the  streets  they  went,  rapping  up  the 
in  mutes,  compelling  the  master  of  the  house  to  treat 
and  then  to  join  them.     It  was  rare  fun. 

Passing  the  premises  of  a  Mexican  monte-dealer, 
Joe  Cannon  kicked  at  the  door.  As  he  was  not  in 
condition  to  stand  steadily  on  one  foot  and  carefully 
to  weigli  the  force  of  the  other  as  it  went  against  the 
dooi',  he  may  have  given  it  a  little  harder  blow  than 
he  intended  or  than  was  necessary.  As  the  door  was 
secured  only  by  leathern  hinges,  it  fell  in.  At  least 
so  the  boys  told  him  next  morning — that  he  had 
kicked  in  the  jNIexican's  door. 

That  was  all  right,  said  Joe.  He  knew  the  monte- 
dealer  well,  and  had  often  bet  an  ounce  or  two  in 
passing  his  table;  the  damage  could  not  be  great;  he 
would  go  around  after  breakfast,  pay  it,  and  apologize. 
True,  there  was  the  wife,  or  she  whom  the  man  lived 
with  as  with  wife:  she  might  not  perhaps  appreciate 
the  foreign  patriotism  which  so  disturbed  rest — but 
she  was  a  bashful,  retiring  little  thing;  no  one  thought 
of  lier.  Besides,  they  were  INIexicans,  and  their  foot- 
ing Avas  not  by  any  means  too  secure  in  the  commun- 
ity as  it  was.  A  man,  a  miner,  a  big  burly  favorite, 
what  were  fifty  Mexican  gamblers  and  their  mis- 
tresses to  him?  Nevertheless  no  man  should  be  able 
truthfully  to  say  that  Joe  Cannon  ever  did  him  wrong, 
drunk  or  sober. 

Approaching  the  house,  Joe  found  the  door  still 
down.  The  Mexican  was  within;  and  placing  a  hand 
on  either  door-post  to  steady  himself  withal,  for  his 
head  seemed  now  as  big  as  a  barrel,  and  his  legs  were 
a  little  shaky,  he  began  talking  to  the  man  in  broken 
Spanish  as  best  he  could.  Suddenly  from  a  corner 
where  she  had  lain  concealed,  quick  as  a  flash  the 
little  woman  sprang  up,  threw  herself  upon  the  strong 


DOOMED  TO  DEATH. 


ns.'i 


ir  foot- 
Inuiuu- 
ivorito, 
Ir  mis- 
10  able 
wrong, 


man's  breast,  and  buried  her  knife  in  his  bosom.  Tt 
was  all  done  in  an  instant,  and  he  who  had  eome  to 
make  reparation  lor  a  trivial  injury  eonunittod  in  a 
moment  of  frolic,  he,  the  picture  of  physical  perfection, 
the  pride  of  the  camp,  lay  as  dead. 

Why  did  she  do  it?  l)id  this  man  visit  her  house 
to  insult  her?  Had  they  ever  met  or  had  intercourse 
at  any  time;  and  was  there  ill-will  existing  on  cither 
side?  No  one  know.  Who  shall  fathom  a  woman's 
heart?  All  those  miners  knew  or  cared  to  know  was 
that  for  so  slight  a  thing  as  she  it  was  a  monstrous 
blow.  The  bowie-knife  was  large  and  sharp,  imd  t(» 
send  it  into  his  gigantic  frame,  through  his  shirt  and 
through  the  breast-bone  clear  into  the  heart,  that 
little  arm  must  indeed  have  been  temjioi'ed  l)y  most 
murderous  passion. 

And  now,  when  the  enraged  minors  with  a  blow  of 
the  fist  burst  her  door  and  stood  before  her,  Juanita 
manifested  not  the  slightest  fear;  and  yet  she  knew 
that  she  must  die.  It  was  not  defiance,  nor  bra/.eii 
impudence;  she  assumed  no  character — she  acted  only 
the  primary  sentiment  of  her  nature,  and  that  was 
stoical  submission  to  inexorable  fate,  or  more  sinii)ly, 
cool  courage. 

She  know  that  she  nmst  die,  and  there  \^  as  an  end 
of  it.  Within  range  of  })istol-shot  were  two  thousand 
men,  each  one  of  whom,  if  standing  alone,  harbored 
that  moment  determined  purpose  sufficient  to  insure 
lier  death,  and  she  knew  it;  the  very  certainty  of  the 
result  seemed  tt)  disarm  death  of  its  sting.  Ijvery 
one  of  thovengel'ul  two  thousand  now  arrayed  against 
her  would  soon  die;  she  must  go  now.  Well!  will 
any  one  of  thorn  have  a  more  gorgeous  exit  hence 
than  she? 

Hastily  putting  in  place  some  scattered  articles, 
and  glancing  carefully  at  her  dress — she  was  already 
attired  in  her  best — she  signified  her  readiness  to  go. 
The  blaze  of  angry  eyes,  the  forest  of  frowning  faces 
through    which   blew    deadly  nmrnmrings,  were   all 


&84 


THE  DOWNILVILLE  TRAGEDY. 


lost  on  her;  she  was  thinking  of  her  own  affairs, 
thinking  should  she  send  soniotliing  to  lier  friends, 
thinking  ahout  her  household,  and  how  her  hushand 
would  do  in  her  absence.  Of  course  they  would  hang 
lier;  as  for  the  paraphernalia  of  trial  it  might  be  some 
gratification  to  tlieni,  but  it  was  nothing  to  her. 

There  yet  stood  near  the  centre  of  the  town  a  large 
pavilion,  which  had  been  erected  for  the  celebration 
ceremonies  the  day  before;  there  was  a  raised  plat- 
form, with  chairs  and  table,  just  the  place  for  the 
occasion,  and  there  the  dark-eyed  bashful  little  mur- 
deress was  conducted  by  her  guard  of  two  thousand. 

Twelve  men  responded  eagerly  to  the  call  for  a  jury; 
happy  he  who  should  have  any  part  in  this  gentle 
stranjjulation.  Glancing  at  each  other  and  at  the 
miners  round  them,  they  seemed  to  say,  "All  is  safe 
and  settled ;  woman  or  no  woman,  she  hangs."  Law- 
yers for  the  defence  were  backward  in  presenting 
themselves;  there  were  jjlenty  for  the  prosecution. 

Probably  in  the  history  of  mobs  there  never  was  a, 
form  of  trial  more  farcical  than  this.  Had  they  hanged 
the  woman  immediately,  our  I'cspoct  would  be  greater 
than  when  we  see  a  criminal  so  absolutely  and  uni- 
versally prejudged  and  sentenced  before  trial.  Xevei' 
have  I  met  an  instance  where  so  many  men,  or  a 
tenth  of  them,  were  so  thoroughly  ravenous  in  their 
I'evengc.  It  was  wholly  unlike  them.  It  seemed  that 
on  the  instant  they  had  not  only  thrown  aside  their 
usual  chivalrous  adoi'ation  of  sex,  but  that  now  they 
would  wreak  their  relentless  disaft'ection  on  the  object 
of  their  abhorrence  in  prcportion  to  their  strengtli 
and  lier  weakness. 

That  there  was  so  littl.'  jf  this  little  woman  to 
pulverize  and  scatter  secniod  to  exasperate  them.  A 
humane  ])hysician,  Dr  C3'rus  D.  Aiken,  mounted  the 
stand  and  testified  that  she  was  not  in  a  fit  condition 
to  be  hanged.  What  such  testimony  had  to  do  with 
the  case  nobody  knew  or  cared.  A  howl  of  disap- 
proval followed ;  the  good  doctor  was  driven  from  the 


TRIA  .  BY  JURY. 


585 


stand,  driven  from  tlio  town,  and  dared  not  return 
or  show  himself  i'or  several  days.  A  Mr  Thayer  of 
Nevada  attempted  a  speech  on  behalf  of  the  prisoner, 
as  there  was  not  a  lawyer  who  had  the  courage  to 
stem  the  tide  of  unpopularity  in  her  defence,  but  ho 
was  beaten  off  the  platform — ay,  kicked  from  the  tri- 
bunal; and  on  reaching  the  crowd  without,  where  a 
passage-way  was  opened  for  him,  he  was  kicked  along 
this  gauntlet  out  of  town,  being  glad  to  get  across  the 
river  with  his  hat  and  mule  behind  him. 

John  B.  Weller,  then  running  for  congress,  was  at 
the  hotel  overlooking  the  tribunal.  He  was  besought 
to  go  out  and  speak  to  the  mob,  but  hj  had  no  ambi- 
tion that  way.  He  was  not  of  the  stuff  of  which 
martyrs  were  made.  There  were  times  and  places  for 
all  things;  a  time  for  advocating  law  and  order,  and 
a  time  for  refraining  from  such  advocation;  and  clearly 
this,  in  the  eyes  of  John  B.  Weller,  country- server, 
was  one  of  the  latter  times. 

So  Juanita  was  tried;  but  the  trial  was  a  sad,  one- 
sided affair,  in  which  there  was  a  total  absence  of 
that  love  of  fair-play  so  characteristic  of  the  Amoiican 
miner.  No  one  dared  to  say  a  good  word  for  hor;  no 
one  was  allowed  to  defend  her.  In  so  far  as  slie  was 
small  and  weak,  and  they  were  many,  and  great,  and 
strong,  in  so  far  did  their  insensate  fury  intensity  with 
the  [)rogress  of  afRiirs.  For  the  moment  the  men  of 
that  region  seemed  baptized  l>y  Satan  for  the  execu- 
tion of  a  work  of  infernal  grace. 

When  the  verdict  was  foi'mally  declared,  Juanita 
«;'ave  a  quiet  little  laugh,  as  if  to  say,  How  drolll 
Tliose  great  Aniorican  men  think  in  this  a})ing  of 
ancient  forms  they  have  given  their  pi'isoner  a  trial. 
Stroke  conscience  the  right  way  and  you  can  do  miy- 
tliing  with  it. 

In  the  four  hours  allowed  her  before  her  execution, 
Juanita  made  her  will  verball}^,  arranged  her  alfairs, 
and  gave  her  few  eflects  away.  During  it  all  her 
heroism  carried  her  far  beyond  the  usual  stolid  forti- 


^ 


r^ 


r. 


« 


kif 


|iih 


r 


686 


THE  DOWNIEVILLE  TRAGEDY. 


tude  of  lier  race.  At  a  time  when  men  tremble  and 
pray  she  was  her  natural  self,  neither  gay  nor  sad. 
She  was  as  far  from  looking  lightly  on  the  matter  as 
ijiving  way  to  senseless  sorrow. 

The  builder  of  the  bridge  that  spanned  the  Yuba 
had  left  at  about  the  middle  of  it  two  uprights  with  a 
beam  across,  as  if  for  the  express  purpose  of  hanging. 
It  was  just  the  place  for  the  occasion,  though  from 
that  point,  with  the  flowing  river  underneath,  and  on 
cither  side  with  the  rolling  hills  in  front,  and  in  the 
background  the  purple-misted  mountains  glowing  in 
the  light  of  the  almight}''  sun,  it  was  too  beautiful  a 
world  for  a  3^oung,  free,  light-hearted  woman  to  wish 
to  leave. 

With  a  light  elastic  step,  surrounded  by  her  friends, 
chatting  with  them  quietly  on  the  way,  Juanita  walked 
down  to  tliu  bridge.  She  sliook  hands  with  them  all, 
but  not  a  tear,  not  a  tremor  was  visible.  By  means 
of  a  step-ladder  she  mounted  to  a  scantling  which  had 
been  tied  ibr  her  to  stand  on  between  the  uprights 
underneath  the  beam,  took  from  her  head  a  man'.s 
hat  which  had  been  kindly  placed  there  by  a  friend, 
shied  it  with  unerring  accuracy  to  its  owner,  mean- 
while smiling  her  thanks,  then  with  quick  dexterity 
she  twisted  up  her  long  black  tresses,  smoothed  licf 
dress,  placed  the  noose  over  her  head  and  arranged 
the  rope  in  a  proper  manner,  and  finally,  lifting  her 
hands,  which  she  refused  to  have  tied,  exclaimed, 
Adios,  seflorcs!  and  the  latal  signal  was  given. 

The  Downieville  Vigilance^  Committee  was  not  or- 
ganized until  after  this  affair,  as  the  following  letter 
indicates : 

"Downieville,  July  27,  1851. 
"  To  the  Viijilance  Committee  of  San  Francisco: — 

"  Gkntlemkn  :  The  citizens  of  this  place  have  organized  a  vigilance  coin 
niittce  for  the  purpose  of  protecting  life  and  property.    At  one  of  their  nuM  t 
ings  they  pa.ssed  a  resolution  instructing  me  as  tlioir  corresponding  sccrctiiiy 
to  coniniunicato  with  tlie  vigilance  committee  of  your  city,  with  tlie  view  "i 
eliciting  what  infoiiiiatiiiii  you  may  he  disposed  to  favor  us  witli  in  furth' i' 
ance  of  tlie  ol)jcct  wc  have  in  view.     It  is  thought  by  keeping  up  a  comniu- 


WORSE  THAN  MOB  JURY. 


687 


le  and 
)r  sad. 
bter  as 


;  Yuba 
with  a 

h  from 
and  on 
L  in  tlie 
wing  in 
,utii'ul  a 
to  wish 

•  friends, 

a  walked 

bhem  all, 

iy  means 

'hich  had 

uprights 

a  man's 

a  friend, 

H",  mcan- 

I  dexterity 

>thed  her 

arrangeil 

Lfting  her 

ixelaimed, 

en. 

las  not  or- 
ling  letter 

27,  1851. 

[vigilance  com- 
jof  their  mcit 
Lling  secretavy 
iitli  the  \io^\  "' 
lith  in  fnrUi'V 


|g"P 


a  coiuinii- 


nication  between  the  committees  of  the  (liffereut  points  we  might  be  of 

mutual  assistance,  by  keeping  each  other  advised  of  the  movements  of  noted 

;ind  suspicious  characters.     Any  information,  therefore,  you  may  be  .so  kind 

as  to  favor  us  with  upon  this  subject  will  be  both  thankfully  received  ami 

1  ociprocated  by  us.    Our  organization  is  quite  complete,  and  we  d'.^sign  to  keep 

(inr  doings  a  secret,  except  such  as  are  from  the  nature  of  the  case  public. 

therefore  if  you  communicate  with  the  committee  of  this  place,  please  address 

your  letters  to  me  in  my  private  capacity. 

"I  remain,  gentlemen,  your  humble  servant, 

"A.  M.  Brockelbank." 

Commenting  on  this  tragedy,  the  Sacramento  Times 
and  Transcrqjt  says: 

"The  act  for  which  the  victim  suffered  was  one  entirely  justifiable  under 
the  provocation.  She  had  stabbed  a  man  who  had  persisted  in  making  a 
disturbance  in  her  house  and  had  greatly  outraged  her  rights.  The  vioh'iit 
proceedings  of  an  indignant  and  excited  mob,  led  on  by  the  enemies  of  the 
luifortunate  woman,  were  a  blot  upon  the  history  of  the  stiite.  Had  .she 
committed  a  crime  of  a  really  heinous  character,  a  real  Aineiican  would  liave 
luvoltei,  at  such  a  course  as  was  pursued  toward  this  friendless  and  unjiro- 
tocted  foreigner.  We  had  hoped  the  story  was  fabricated.  As  it  is,  tlu' 
perpetrators  of  the  deed  have  shown  themselves  and  their  race." 

This  editor  goes  far  out  of  his  way  both  to  distoil 
tlie  facts  and  then  to  draw  from  them  false  conclu- 
sions. The  woman  was  not  a  friendless  foreiijjncr,  iioi- 
was  her  act  justifiable.  The  man  she  murdered  offei'ed 
her  no  violence,  and  she  had  no  right  to  kill  him,  Tlie 
])eople  were  right  to  hang  her,  but  they  were  wrong 
to  do  it  madly  and  in  the  heat  of  passion. 

But  bad  as  weje  tlie  miner3  of  Jjownievillc  in  their 
dealings  with  criminals,  they  were  not  so  bad  as  the 
average  San  Francisco  jury.  I  say  far  above  the 
action  of  the  law  in  a  noted  fcmale-nuirdcr  case  wliich 
the  San  Franc  "sco  courts  bungled  nearly  twenty  years 
later,  is  the  course  of  the  Downieville  miners  to  be 
(excused.  The  cases  are  only  partly  j)arallel.  In 
))oth  the  slaycr«  were  women;  but  one  killed  a  man 
hecause  he  invc^viod  her  home,  and  the  other  because 
lie  j)referred  his  own  wife  before  her.  One  was  act- 
uated by  revenge,  the  other  by  jealousy;  one  slew 
her  victim  because  he  liad  treated  her  ill,  the  other 


m 


m 


588 


THE  DOWXIEVILLE  TRAGEDY. 


If! 

.  ,1 

) 

i 


i 


n'%' 


I;!! 


:.!£,;:. 


because  he  had  treated  her  well.  One  killed  a  miner, 
and  the  miners  hanged  her;  the  other  killed  a  lawyer, 
and  the  law  let  her  go  free. 

If  before  this  California,  or  the  world,  needed  further 
evitlence  of  the  eccentricities  of  law,  the  trial  of  Laura 
D.  Fair  for  the  murder  of  A.  P.  Crittenden  offers 
ample  illustration. 

Married  at  the  age  of  sixteen  to  a  Mr  Stone,  with- 
in a  year  she  was  a  widow;  next  for  six  months  her 
husband  was  Thomas  Grayson,  who  freed  himself  by 
divorce;  then  she  married  William  D.  Fair,  who  in 
1861  was  said  to  have  committed  suicide.  At  Sacra- 
mento Mrs  Fair  kept  a  lodging-house  for  a  time;  after- 
ward she  appeared  upon  the  stage  at  various  times  in 
Sacramento  and  San  Francisco.  With  the  discovery 
of  silver  in  Nevada,  she  went  to  Virginia  City  and 
there  kept  the  Tahoe  House,  where  in  September 
1863  Mr  Crittenden  took  rooms.  The  acquaintance 
there  formed  soon  ripened  into  quasi  affection. 

Arrested  for  threatening  to  shoot  her  partner  wliilr 
])laeiug  the  national  flag  upon  the  hotel,  Mr  Critten- 
den defended  her.  Subsequently  she  married  our 
Snyder,  but  was  in  less  than  two  months  divorced. 
Before  and  after  this  marriage  slie  was  on  intimali 
terms  with  Crittenden,  and  their  intimacy  was  by  in> 
means  i)rivate.  At  the  time  of  the  murder  ]\Irs  Fail 
was  about  tliirty-live  years  of  age.  She  was  a  woman 
of  extraordinary  aptitude,  with  sufficient  ocquirements 
to  make  dangerous  her  attractions;  in  the  e^^es  of  sonir 
she  was  even  beautiful. 

Among  the  talented  and  culti\'ated  of  California, 
none  iaid;ed  1  uglier  than  Mr  Crittenden.  The  law 
firm  Crittenden  and  Wilson,  of  which  he  was  seniei' 
member,  was  prominent  among  the  few  called  first  in 
the  profession.  lie  was  a  graduate  at  West  Point, 
ne[)hcw  vi'  .John  J.  Crittenden,  United  States  senater 
frciui  Kentucky,  and  brothor-in-law  of  Tod  llobinson, 
supreme  court  re[)orter.  ]]e  was  no  less  gent)emanl\ . 
generous,  warm-hearted,  and  honorable  than  lie  was 


A.  P.  CRITTENDEN. 


mner, 
wyer, 

jrther 

Laura 

offers 

,  with- 
hs  her 
self  by 
who  in 
Sarra- 
;  after- 
imes  in 
scovery 
ity  and 
)tember 
lintancc 

er  wliil'' 
^rittoii- 
icd   our 
ivoroed. 
ntinuilt 
,s  by  HO 
ra  Fair 
woman 
onicnts 
of  son  11' 

lifornia, 
'ho  law 
senior 
first  ill 
Point, 
I  senator 
bbinsoii, 
Luuinly. 
he  was 


able  and  distinsfuished.  He  was  the  husband  of  an 
amiable,  loving,  and  accomplished  wife,  and  the  father 
of  an  interesting  and  intelligent  family.  He  was  about 
fifty-eight  years  of  age  at  the  time  of  his  death. 

The  nature  of  this  anomalous  attachment  was, 
on  the  part  of  Mr  Crittenden,  a  strange  infatuation 
ratlier  than  reasonable  afi'ection.  All  the  while  ho 
loved  and  respected  his  wife;  all  the  while  she  loved 
and  respected  him ;  all  the  while  he  was  a  father  to 
his  children,  protecting  them,  guiding  them,  loving 
them.  During  a  part  of  the  seven  years  of  this 
unholy  intimacy  Mr  Crittenden's  family  were  at  the 
east,  but  the  family  relations  were  never  severed. 
While  sensuous  fancy  obscured  the  path  of  duteous 
dcjr>n:v  and  made  him  wanton  for  a  while,  his  true 
soli  '..      then,  as  ever,  with  the  right, 

In  speaking  thus  I  do  not  mean  in  any  way  to 
mitigate  his  wickedness  or  gloss  his  insane  folly. 
When  an  amiable,  intellectual,  chivalrous  gentleman 
so  far  forgets  his  duty  to  himself,  his  family,  and  to 
society  as  to  descend  into  the  depths  and  there  wallow 
in  swinish  lust,  tenfold  more  condemnation  is  his  due 
than  merits  one  less  favored.  Nor  would  I  throw  the 
blame  upon  his  paramour.  Though  she  played  never 
HO  cunningly  by  her  seductive  charms  upon  his  im- 
pressionable nature,  it  was  no  excuse  for  him ;  if  the 
low,  th^  poor,  and  the  unfortunate  may  not  plead 
temptation  in  iiiltlgation  of  their  crimes,  surely  the 
more  favore-l  of  fortune  should  not  be  permitted  to 
do  so.  A-  t  >  }nj.>tive  blame,  in  this  case  as  in  most 
cases,  the  ibult  \vas  ii\ore  the  man's  than  the  woman's. 
That  she,  a  n^:.  v'.'us  woman  of  the  world,  should 
strain  her  soul  to  win  him,  is  less  abhorrent  to  our 
sense  of  morality  than  for  him,  for  her  embrace,  to 
descend  from  his  high  station,  besmear  his  fair  name, 
and  cruelly  crush  the  hearts  of  loving  wife  and 
children.  Were  she  as  mad  with  love  for  him  as 
iJido  for  ^neas,  or  Cleopatra  for  Antony,  the  fall 
heneath  I"     fascinations  opened  to  his  view,  and  to 


I! '  t| 


590 


THF  DOWNIEVILLE  TRAGEDY. 


I;i!>i£ 


that  of  his  friends,  a  weak,  gross,  baneful  streak  in  an 
otherwise  spotless  character. 

Returning  somewhat  to  reason  after  this  long  in- 
dulfjence  of  his  baser  self,  Mr  Crittenden  resolved  to 
sever  his  connection  with  the  snx^n,  and  sent  for  his 
family.  The  evening  of  their  arrival,  which  was  the 
3d  of  November  1870,  he  crossed  the  bay  upon  the 
Oakland  ferry-boat  to  meet  them.  On  their  return, 
while  seated  outside  the  cabin  between  his  wife  and 
daughter,  Mrs  Fair,  closely  veiled,  approached  him, 
and  drawing  a  pistol  fired,  the  ball  penetrating  the 
left  breast.  Supported  by  Mrs  Crittenden,  he  dropped 
back  in  his  sea.  t.nd  gradually  sank  to  the  llooi-. 
Dropping  the  pisu(  ibur-barrelled  Sharp  shooter, 
Mrs  Fair  hurried  iii,  the  cabin  and  mingled  wit'i 
the  other  passengers.  Parker  Crittenden,  a  son,  with 
a  policeman  who  happened  to  be  on  board,  went  in 
search  of  her.  They  soon  found  her,  when  the  sou 
said,  "That  is  the  woman;  I  accuse  you  of  murdering 
my  father."  The  woman  answered,  "Yes,  I  don't, 
deny  it.  I  admit  that  I  shot  him;  I  don't  deny  it. 
He  has  ruined  me  and  my  child.  I  was  looking  fur 
the  clerk  to  give  mj'self  up.  Take  me.  Arrest  me; 
I  am  ready  to  go  with  you."  Mr  Crittenden  lingered 
for  three  days,  when  he  died.  Mrs  Fair  was  in  ap- 
parent delirium  for  several  days. 

In  due  time  the  trial  was  begun.  Mrs  Fair,  paK; 
and  weak,  appeared  in  court  arrayed  in  black  silk  an(  I 
veiled,  accompanied  by  her  mother  and  daughtci-,  a 
beautiful  child  (jf  nine  years.  Having  abundant  means 
at  her  command,  two  expert  criminal  lawyers  were 
engaged,  and  seated  in  a  rocking-chair  between  them, 
a  -d  attended  by  her  physician,  the  prisoner  took  an 
active  interest  in  the  proceedings.  To  the  charge  of 
murder  the  accused  pleaded  "  Not  guilty,"  and  set  up 
in  defence  insanity. 

For  thirty  days  the  jury  were  kept  together,  and 
forty  minutes  after  the  case  was  submitted  to  them 
they  returned  with  a  verdict  of  "Guilty  of  murder  in 


LOVELY  LAURA  FAIR. 


091 


in  an 

ig  in- 
^ed  to 

or  hi« 
IS  the 
)n  the 
eturn, 
fe  and 
I  liim, 
\cr  the 
L'oppcd 
lioor. 
[lOotcr, 
d  witU 
n,  witli 
vent  ill 
,hc  sou 
rderinjj; 
I   don't 
Icny  it. 


ing 

)st 


for 
nic ; 


I 


ingcrei 
in  ap- 


,ir,  palt' 
ilk  and 
liter,  ;i 
means 
s  wen' 

■1  them, 

ook  au 

arge  of 

set  up 

ler,  and 
[o  tbem 
irder  in 


the  first  degree."  A  motion  for  a  new  trial  on  the 
ground  of  incompetency  of  jurors  and  for  other  rea- 
sons was  carried  to  the  supreme  court  and  granted. 
At  the  second  trial  the  prisoner  was  acquitted  on  the 
ground  of  insanity  and  given  her  liberty. 

Many  years  have  now  elapsed  since  this  discharge, 
during  which  time  Mrs  Fair  has  often  appeared  upon 
the  streets  of  San  Francisco  apparently  no  more  insane 
than  others  who  have  not  killed  their  man.  She  does 
not  claim  to  have  been  insane  long  before  the  killing 
nor  long  after.  Just  how  much  woman's  love  and 
woman's  hate,  fired  by  alchemic  passion  into  the  mutal 
jealousy,  is  sufficient  to  place  the  female  mind  outside 
itself  let  doctors  and  law^^^s  determine.  But  to  dis- 
cuss the  question  is  idle  in  the  extreme.  Xo  unbiassed 
mind  of  averasje  intellisxence  for  a  moment  doubted 
that  this  woman  was  guilty  of  the  crime  of  murder, 
such  as  that  for  which  the  law  intended  those  com- 
mitting it  should  die.  The  people  were  disappointed, 
indignant,  that  the  tigress  should  be  let  loose  upon 
them;  but  patient  and  plodding  as  they  arc,  they  were 
now  becoming  accustomed  to  unquestioning  obedience. 
Nevertheless  thev  could  but  feel  humiliated  under  the 
issue  of  the  affair.  Yet  there  is  nothing  uncommon 
about  it;  with  numberless  quibbles  and  technicalities 
interposing  between  crime  and  punishment,  with  a 
profession  whose  members  glory  in  their  dexterity  in 
clearing  the  guilty,  with  judges  so  blindly  bound  to 
form  as  to  be  senselessly  indifferent  to  the  righteous- 
ness of  a  cause,  and  with  juries  composed  of  men 
iiiclced  indiscriminately  from  shops  and  warehouses, 
whose  minds  arc  unaccustomed  to  weiijrhinjx  evidence, 
and  who  are  casil}^  -swayed  by  their  sympathies  and 
influenced  by  their  prejudices,  we  must  expect  that  as 
a  rule  the  guilty  poor  only  will  be  punished  while  the 
money  of  the  rich  buys  pardon.  Every  appearance 
of  this  woman  upon  the  street  is  a  commentary  on  the 
injustice  and  incompetency  of  our  judicial  system. 

When  little  Laura  was  in  short  dresses  and  playing 


m 


692 


THE  DOWNIEVILLE  TRAGEDY. 


with  her  dolls  in  Mississippi,  being  then  twelve  years 
of  age,  William  D.  Fair  and  A.  P.  Crittenden  were 
sitting  together  in  the  same  legislature,  being  the  first 
in  California.  One  killed  him.self  and  the  other  she 
killetl.  Broderick,  murdered  duellistically  by  Terry, 
was  also  a  member  of  this  legislature.  Lightly  laughs 
Satan :  innocence,  legislation,  law,  and  suicide;  woman, 
law,  and  murder;  lightly  dances  Satan! 


i 


CHAPTER  XXXII. 


THE  POPULAR  TRIBUNALS  OF  UTAH  AND  NEVADA. 


Mark  what  unvario<l  laws  preserve  each  state, 

Laws  wise  as  nature,  and  as  (ixM  as  fate. 

In  vain  tliy  reason  finer  wehs  sliall  draw, 

Entanj^'le  justice  in  lier  net  of  hiw, 

Anil  right,  too  rigid,  harden  into  wrong, 

Still  for  the  strong  too  weak,  the  weak  too  strong. 


"ope. 


Were  any  ever  disposed  to  praise  tlie  Mormons,  or  in 
any  wise  to  do  them  justice,  then  miglit  the  lovers  oi' 
law  and  order,  the  oj)[)oscrs  of  the  vii^ilaneo  principle,^ 
iL;ive  them  credit  for  livin;^  without  mobs,  without  any 
popidar,  or  legal,  or  other  tribunal  save  those  siini)lo 
i'lirins  which  lead  with  the  least  possible  time  and  cost 
to  justice.  Did  the  advocate  of  vigilance  reform 
desire  to  praise  them,  he  might  point  to  the  fact  that 
liere  existed  a  society  in  v.diich  the  regretted  necessity 
was  Avanting.  How  they  dealt  with  their  enemies, 
the  enemies  of  their  religion,  is  another  matter.  We 
do  ours  all  the  iniurv  we  can,  and  that  while  the  i'alse 
jirayer  is  on  our  lips  that  God  will  bless  them. 

In  Carson  Valley,  near  the  Carson  River,  on  the 
Deseret  road,  the  bodies  of  six  persons,  sup[)osed  to 
liave  been  murdered  by  banditti,  were  exhumed  in  the 
autumn  of  1851 ;  concerning  which  ^Fr  James  F.  Tvffe 
ihus  writes  to  the  Sacramento  Times  and  Trdnscri/if: 

"  My  own  observations,  while  over  in  tlie  valley  with  the  niounti'd  nun 
ill  .Inly  and  August,  with  the  information  olituincd  from  the  settlers,  Icil  me 
t'l  coincide  with  the  opinion  expressed  by  the  emigi'ants,  viz.:  tii.it  tin  re  is  a 
I'^iiiil  of  lawless  and  desperate  men  in  Carson  Valley,  and  th<'  citizens,  in  pi'ti- 
ti"iiing  the  governor  for  a  small  mounted  force  for  protection,  hail  an  eye  ti> 
thi-se  gentry,  although  nothing  at  that  time  could  be  proved  of  sutliciiiit  im- 
li jitance  to  warrant  their  arrest." 

Per.  Tbid.,  Vol.  I.    38  (  5'Ja  ) 


rm 


POPULAR  TRIBUNALS  OF  UTAH  AND  NEVADA. 


5! 


Lucky  Bill  was  a  j]fCK)(l  fellow  if  lie  was  a  \illaiii, 
and  owsrybody  likud  him.  Ho  owned  in  ISaf)  ono 
of  the  bi'st  farms  in  Carson  Valle v.  Other  iine  tracts 
of  land  he  owned  elsewhere,  besides  !j;-reat  henls  of 
catlh';  indeed  Lucky  Lill  lor  the  time  and  place  was 
rich.  J^ut  like  many  another  to  whom  wealth  has 
brought  from  friends  and  nei_i;"hbors  no  additional  I'c- 
spect,  as  Lucky  ])iirs  riclies  increased,  his  re])utatioii 
lor  honesty  and  intcLjrity  diminished.  Like  many 
another  who  havinjj^  acliieved  a  re[)utation  for  su[»erlor 
ability  or  skill  sj)oils  it  all  by  some  act  of  insensate 
lolly,  so  Lucky  J)ill  afti-r  enjoying  a  long  career  of 
the  most  fortunate  good  fortune,  which  secured  him 
home,  family,  friends,  and  every  comf  »i't,  dissipated  ail 
by  one,  to  him,  most  uiducky  i\cv{\.  Many  of  his  ])!ac- 
ticos  wei'e  looked  u[K)n  as  somewhat  nioi'e  than  shar]t, 
'among  which  to  bu}'  stolen  cattle,  and  t(t  a[>pro])riati> 
all  .straggling  stock  ujxni  which  he  could  lay  his  hand, 
werc^  among  the  least. 

]\[urad  the  l^nlucky  i'ancied  i\ll  the  woi'ld  against 
him;  Saladin  the  Jjucky  grew  in  sell'-conlidenc;' 
tiii'ough  tile  ins])iration  of  his  luime.  So  it  was  with 
wicked  "William  Thorrinuton,  for  tliat  was  Luckv  liill's 
true  name;  successful  in  little  villainies,  he  undertook 


gr( 


,er  ones,  un 


til  1 


le  u'rew 


^o 


bold  in  his  uidawriil 


acts  that  sad  grief  at  List  overtook  him.  During  liis 
])almy  days,  surrounded  by  Vvife,  and  children,  and 
I'riends,  there  were  none  so  happy  and  jovial  as  lie 
His  little  irregularities  he  regarded  as  good  jokes,  and 
often  I'ecounted  the  story  of  a  trick  [)layed  on  sonic 
passing  euiigrant  by  which  he  had  trained  a  wagon 


an( 


1  its  contents,  or  a  iine  1 


ca 


tth 


w 


ith  tl 


lorse,  or  seNeral  yoki 


le  same  apparent  satisfaction  a  soldi 


el' 


tells  of  his  shootings.  And  as  the  man  kept  opiii 
liouse  and  was  by  no  means  niggardly  with  the  proji- 
orty  he  had  taken  from  others,  it  was  a  long  timi'  1h- 
foi'e  his  neighbors  would  allow  themselves  to  be  worricl 
by  disparaging  rumors  concerning  him.  At  last,  how- 
ever, his  avarice  so  far  ac(|uired  the  ascendancy  as  ti) 


THE  8T0RY  OF  LUCKY  BILL. 


59.-) 


aiii, 

at'ts 

[s  i)f 
was 
has 

\    IV- 

atioii 
nany 
»cr*it»i' 
nsatc 

H'l-  (>r 

I  him 
Led  all 

sliaris 
H>iiat'.^ 
;  hand, 

f\ivah»st. 
'/idi'iu''' 
IS  wUU 

y  IVllFs 


lead  him  into  the  coininisyloii  of  a  most  lionihle  and 
inexcusahlo  erimo.  It  liappeiied  that  in  this  ycaf 
ISof)  a  Frenehman  was  lienlin'Lj  Caht'oi-nian  eattle  ai 
the  Truckee  llivei-,  Thorrin^ton  had  plenty  of  jjfood 
i;iazini^  land,  and  eoveted  the  cattle,  but  tlu;  Fiencli- 
nian  wanted  some  compensation  tor  them,  and  Jjucky 
Hill  never  [>aid  lor  that  which  could  he  more;  easily 
obtained  by  strata<^em  or  crime.  There  are  manv 
lucky  liills  about;  lucky  in  that  they  escape  han!"- 
iniL"',  as  Lucky  J^ill  Thorrinj^ton  did  not. 

There  was  a  i'riend  of  Thorrinnton's,  oni;  Edwards, 
Avho  likewise  wanted  the  cattle,  and  wlio  had  visited 
the  Frenchman  for  the  purpose  of  buyiiii^j  him  out, 
but  as  they  could  not  agree  ui)on  the  price  the  effort 
was  unsu(;cessful.  ]']dwards  often  stopped  at  'i'hoi- 
rington's  house;  and  one  chiy  during  a  conversation 
on  the  subject,  Thoi'rington  coolly  proposed  that  they 
should  kill  the  Frenchman  and  divide  thesj)(»ils.  JOd- 
wards  consented.  Again  visiting  the  Frenchman,  on 
some  j)lausible  ]»retext  he  decoyed  liim  some  distance 
from  his  canij),  and  then  shot  him  and  hid  the  body. 
A  I'orged  bill  of  sale  madi;  Edwards  the  apparent, 
owner  of  everything,  and  the  Frenchman's  j>ro[)erty 
Avas  duly  dividetl  by  the  consj)irators.  JjUcky  as  ever, 
thought  iJill,  as  the  time  ])assed  (juietly  by  alh-r  this 
last  adroitly  managed  alVair.  l>ut  the  evil-minded  arc 
never  permanently  lucky.  Kwu  if  they  contine  tluir 
rascalities  within  the  limits  of  the  law  and  so  escape 
legal  punishment,  that  for  which  they  sell  their  souls, 
case,  gratiiied  ambition,  happiness,  they  never  get. 
The  devil  is  a  shrewd  [)ay master,  feeding  forever  his 
(le\()tc^es  on  the  passions  which  tirst  brought  them 
into  his  service.  1"he  Frenchman's  I'riends  in  ( 'ali- 
Ibrnia,  neither  seeiuLif  nor  heaiini;  from  him  Ibr  so 
long,  feared  some  evil  had  befallen  him,  and  instituted 
investigations  which  led  to  the  tinding  of  tht:  J»ody  and 
the  discovery  of  the  foul  play  attending  the  French- 
man's death.  The  settlers  were  aroused.  Forming 
themsolvos  into  a  couunittce  of  vigilance,  they  ar- 


p! 


fl 


;« 


!i!. 


1 

i  1 

:« 

IJ 

1 

'■'i 

[..  (/■- 

i 

i 

69fl  rOPULAR  TmT^UXALR  OF  UTAH  AND  XKVADA. 

nstt'd  Tlioriinsfton,  his  acooinjilicc  liavinnc  escaped; 
then  eleetini^  oilicers  and  organi/iii;^'  a  trihiiiud,  llicy 
tried  the  jd'isoiier,  convicted  him  of  nnirder,  and  sen- 
tenced liim  to  T»o  lian|njed.     Unlucky  ]>ill. 

^[eanwhile  tlie  A^i<j;ilance  Coinniittee  earnestly  de- 
si  rt^l  to  secure  Edwards,  and  most  villainously  did  they 
undertake  its  accomplishment.  The  man  Thorrint;- 
ton  had  a  son,  a  bright,  I'rank,  honest  lad  of  sixteen 
years,  who  little  know  how  bad  his  father  was.  It 
was  thought  that  he,  as  well  as  his  lather,  knew  where 
Edwards  lay  concealed,  and  that  bv  promising  the  bov 
his  father's  life  the  other  felon  nn'ght  likewise  he 
ln'ought  to  justice.  It  was  a  hazardous  undertaking; 
]']dwards  was  a  powerful,  well  armed,  desperate  man: 
even  settlers  feared  to  attack  him  in  his  rc^treat,  nnd 
the  boy  was  not  only  to  discovei'  to  tliem  tlie  criminal, 
but  to  bring  him  out  and  lead  him  into  a  trap  wlicrc 
they  could  catch  him.  That  they  were  a  covvardly  set 
I  do  not  <l(!ny;  but  that  was  not  tlH>  extent  oi'  their 
baseness.  It  was  a  desperate  undertaking;  Ivhvards 
Avas  almost  sure  to  suspect  treachery,  and  that  sus- 
picion would  cost  the  l)oy  his  life,  for  the  man,  already 
doomed,  would  not  hesitate  a  moment  to  slay  one  wliu 
kncAv  and  woukl  divulge  his  liiding-[)lace,  JJut  what 
would  not  a  noble,  high-spirited  lad  do  to  save  a 
father's  life,  a  father  unjustly  condemned,  as  the  bov 
was  made  to  believe,  and  for  another's  crime? 

At  night,  alone,  behind  the  mountains  which  rise 
west  of  (jlenoa,  young  Thorrlngton  went  to  a  secluded 
canon  M'hero  the  murderer  lay  concealed.  Edwai-ds 
did  not  know  that  Thorrington  had  been  cai)tured, 
and  this  fact  the  boy  kept  carefully  to  himself  Me 
said  his  father,  hotly  hunted,  desired  to  sec  him  i\\  a 
certain  house  to  concert  measures  for  the  safety  of 

*■' 

both.  From  the  first,  Edwards  seemed  to  feel  that  ;:!l 
Avas  not  right;  whether  it  was  the  boy's  too  eagi' 
manner,  whose  father's  fate  one  unweighed  word  <»!' 
his  might  sadly  mar,  or  whatsoever  it  was,  then;  np- 
peared  to  Edwards  an  air  of  unreality  about  it  that 


INFAMOUS  MKASUKKS. 


507 


made  liini  licsitatc.  At  lirst  lie  llatly  rcliiscd  to  <;•(>; 
said  that  cacli  could  take;  bettt.-r  care  of  hiiiiscH'  a|tiiit 
iVoia  tlu!  other;  that  tiiei-e  was  iiothiu'L'-  to  be  juaiiifd 
ill  \)v'u\<f  toi;cither,  and  iiuieh  to  lose.  IJtit  \vh(;ii  tin; 
boy  calmed,  and,  made'  discreet  bt'yoiid  his  y»'ars  by 
the  burden  of  a  lather's  life,  reasoned  with  Iiim,  bc^'^cd 
liim  at  least  to  see  his  f;ither,  assuriiii^  him  that  iioth- 
in<4'  ill  could  come  of  it,  he  linally  yiehh^l,  at  the  samt! 
time  saying  to  the  boy  if  he  played  him  false  his  lift! 
should  surely  be  forfeit.  Concealed  in  a  herdsman's 
hut  ne:ir  the  forks  of  Carson  Ivivei-,  on  a  lonely  riuieho 
owiu'd  by  Thorrinujton,  the  ]>ai'ty  of  settlers  awaited 
the  nnnxh-'rer,  and  thitlun-  fi'om  his  covert  Ww.  boy 
conducti'd  him.  It  was  lono-  jil'ter  midniL^ht  when 
they  drew  near  the  place,  Jvlwards  advancini^  alon;^- 
cautiouslv  with  his  I'un  raised,  and  other  ;irms  in 
readiness,  v.atcirniL;'  narrowly  every  movi'inent  of  the 
boy,  who  marched  silently  bi'fore  him.  (Jn  reacliiuL;' 
the  house  he  beekoned  young  Thorringtou  back,  and 
stepping  to  the  dooi'  listened  attentively  for  a  moment, 
then  cautiously  oixmumI  it.  Dai'Iaiess  and  death-silence 
were  within;  but  this  was  nothing  strange,  as  Thor- 
iiii<»ton  would  hardiv  dare  to  burn  a.  linht  in  one  of 
liis  own  houses,  even  in  this  lonely  distant  one,  v/heii 
iustico  was  so  lioundin«jf  him.  Me  would  eiitei-;  lu! 
was  not  afiaid.  Scarcely  had  his  foot  crossed  tiie 
threshold  when  thud!  a  powerful  blow  from  an  unseen 
liand  I'elled  him  to  tlu'  lloor,  and  the  vi^'ilants  v^ere 
upon  him.  Bound  by  his  captors,  he  was  taken  before 
the  same  tribunal  that  doomed  to  death  Thorrington, 
and  tliere  in  like  maimer  was  tried  and  found  guilty. 
It  was  almost  always  a  question  in  a  new  community 
how  the  lirst  death-sentence  sliould  be  carried  into 
eirect.  Simj)le-minded  Vv'ell  meaning  settlers  are  loath 
to  turn  hangmen;  nevertheless  necessity  often  im[)oses 
unwelcome  bui'dens.  In  this  instance  there  was  much 
•  liversity  of  o[)inion  on  the  subject.  Some  were  in 
favor  of  iinding,  if  possible,  a  shadow  of  law  and  there 
laying  the  condennied;  others  thought  that  the  pronii:3U 


rm 


rorULAR  TRIBUXALS  OF  UTAH  AND  NEVADA. 


nivon  to  the  l)(»y  sliould  Ix'  strictly  obsorvtxl;  otlu-rs 
wrro  ill  favor  of  suiuiiiai-y  and  imincdiatc  ('xocutioii. 
Tlu'se  last  outiuiiiilu'ri'd  the  lost;  and  at  Clear  Creek 
Haiieho,  witji  a  coolness  and  coiirai^t!  worthy  a  hettcr 
eaiisi',  tilt!  two  men  met  their  liite.  JJiit  what  shall 
wo  say  of  those  conscienceless  men  who,  to  accomplish 
their  purpose,  so  ci'Uelly  played  uj)oii  the  most  sacred 
atl'i.'ctions  ^  J*oorl>oy!  what  teach  in  t^s  would  so  make 
him  a  child  of  hell  as  the  treacheries  of  these;  sell- 
constituted  examples  of  i^ood  citizenship.  For  myself, 
I  would  almost  as  lief  have  th(;  fathers  sin  upon  my 
soul  as  this  vile  meanness  of  the  son's  deceivers. 


Prior  to  I8r»2  (^arson  ValhiV  had  for  souie  time 
served  as  a  hidin!4'-j)lac(;  for  stock  stolen  in  California. 
K(!mote  and  ))raeiically  inaccessible  to  sufferers  hy 
these  depredations,  it  atl'ordi'd  a  safe  retreat.  After 
recruitinn'  in  this  valh^y,  tlie  stock  was  driveu  to  Utah 
or  sold  to  emiu;M-ants.  l"'rom  cattle -stealing'  to  tin- 
rol)l)in_n"  of  emigrant  trains  and  oNcrland  staj^jes  v.'a> 
hut  a  step.  Cjli'a«lually  the  valleys  round  Carson  Cit; 
v.'ero  occupied  hy  res|)ectal)le  settlei-s,  who  retj;'ar«le' 
these  outrages  with  disfavor.  lUit  so  strong  at  that 
time  was  fjie  impure  element,  that  out  of  this  action 
of  the.i'eformers  grew  numhei'less  factions,  which  ke|i1 
tliosL'  valleys  iu  constant  turmoil,  often  attended  l)y 
])ersonal  encounters  and  hloody  party  strifes.  Thougli 
the  a(;tiou  of  the  A'^igilancc;  (Jommittee,  aii  absolute 
necessity  in  itself,  was  [»roductive  of  t!ie  greatest  good. 
active  in  ri'j)rehending  ei'iminals,  and  punishing  with 
(•oolness,  hanging  few  but  banishing  uiauy,  yet  there 
Were  there,  as  iu  California,  those  who  o[)posed  it, 
some  from  ])riuci[»le,  sonu;  IVom  petty  pride,  but  I'ar 
more  from  |)ersonal  and  s(;llish  interest.  An  anti 
vigilaiure  oi*  law  and  (')rder  party  was  foruied,  which 
carried  the  issue  into  politics,  and  did  almost  as  uuidi 
towanl  retarding  the  })rogress  of  settlement  and  cloud- 
ing the  prosperity  of  the  country  as  the  malefactors 
themselves. 


Ar.oi'T  TAnr^oN  riTv. 


r.\Y) 


At  Lane  and  Tolnison's  ranclio.AValkcr  T^ivcr,  soiik' 
i'uuv  in  the  winter  of  IHa.V-d,  .lini,  an  Indian  hoy 
raised  from  inlancy  on  llic  place,  killed  .lohnscn  l)e- 
<'ans((  lie  llireati'iied  to  whip  him  if  Ik^  whipped  the 
sliee[>.  'I'he  hoy,  when  he  saw  what-  he  had  done, 
nionnted  a  hors(!  and  lied.  Lane  with  a  party  st;i fled 
in  j)ni'snit,  eauj^ht.  the  hoy  in  Sierra  A'alley,  and  hani^i'd 
hiiM  at  ( 'aison  Kiver,  near  liiid  Station. 

At  Williams  Station,  sixty  miles  helow  CJenoa,  in 
]\lay  IHOO  thei'e  was  an  <»nthreak  of  the  natives,  pro- 
voked hy  i;ross  ontra^cs  on  the  ]»ai't  of  the  snperior 
race,  in  which  I'onr  white  men  lost  their  lives.  It  aj)- 
peai's  that  tho  ai-hiti-aiy  method  of  redressing-  injmies 
is  not  aj)[»lical)le  to  savaiL^es  as  to  civili/ed  men.  ^\'llen 
the  red  man  suH'ers  wroni^'  he  nuist  j^'o  to  his  !.;i'e;it 
lather  at  WashinLjton  and  there  lod^c;  his  coni|>!aint, 
hut  he  must  not  lift  a  liuLfer,  when  attacked,  in  sell- 
<lelence.  It  is  a  j»recetlent  too  <lan'jjerous  lor  Indian 
in(hi];4'ence.  Should  one  dare  to  <1(»  s(t,  white  men  ai*e 
Justilied  in  exterminatini;' the  trihe.  It  was  somewhat, 
so  ill  this  instance.  Certain  oi'tlie  more  humane  set- 
tlers ])roj)ose(l  to  visit  the  outi'a'^'i-d  trihes,  to  deiiiaad 
iVom  their  chiefs  the  indisiduals  out  ra^cd,  and  to  Iiaii;^' 
them,  lor  it  was  these;  who  ]iad  conimittesl  the  ciiiae 
of  retaliati;>ii,  which  j)rivileL;'e  helon  ;(.'d  only  i  >  des- 
jieradoes  white;  ot';;kin  howewr  hlack  of  heart.  This 
surc^ly  was  i)unislinu;nt  eiiouuh  lor  these  duskv  \  I-'il- 
ants,  one  would  thiidi;  hut  so  did  not  tho  silver-seek- 
ers. J^'illed  with  ])itchy  wj'ath,  they  rose  and  threw 
tliemselves  upon  these  naked  elefeutU'rs  of  their  lire- 
sides,  and  a  most  unholy  and  umiecessaiy  ilwrv. 
months'  war  was  tlu'  cousefjueiice. 

]\ridsummer  I  MOO  saw  much  mischief  afloat  in  and 
.'!i-oun<l  Carson  City.  With  a,  scattei'ed  population 
of  say  seven  hundi'ed,  thei'e  were  within  a  jxiiod  <if 
six  weeks  no  less  than  live  murders  repoited.  Add 
to  these  numherless  assaults,  shoot  in, ^''s,  cuttiii;4s,  and 
heatings,  an<l  tho  measure  of  hi'utality  is  well  filled. 
In  the  absence  of  theatricals,  and  of  the  more  j-elined 


i   '{: 


h      -l 


m 


It- 


600 


POPULAR  TRIBUNALS  OF  UTAH  AND  NEVADA. 


representations  of  life  and  character,  the  inhabitants 
fell  back  upon  their  native  resources  and  acted  their 
own  tragedies.  In  the  absence  of  piano,  flute,  and 
guitar,  mingling  with  the  many-voiced  harmonies 
of  nature,  the  silver-toned  l)rooks,  and  the  concert  of 
birds,  were  the  pistol's  gentle  click  and  sharp  report, 
and  the  shrill  laughter  or  more  passionate  cries  of 
ragcful  men. 

So  remarkable  during  thi:^  carnival  of  violence  was 
a  moment  of  quiet  that  people  and  the  presi^  all  noticed 
it.  Saj's  the  Territorial  Enterprise  of  the  IGth  of 
June  18G0: 

"It  is  noticeable  tliat  for  the  last  week  we  have  not  bad  a  rnurdcr  or 
shooting  scrape  in  our  city,  while  within  the  same  porioil  several  desperate 
ami  (lisrcputiiblo  eliaracters  have  quietly  slipped  off  to  California.  On  ^Monday 
last  Jud;^o  Cradlubaugli,  United  States  judge  for  Utali,  opened  his  court;  and 
there  arc  those  having  causality  largely  developed  who  think  they  can  detect 
in  this  scries  of  events  the  relation  of  cause  and  effect. " 

A  singular  case  occurred  at  Carson  Citv  in  Juno 
1  8 GO.  A  German  couple,  ^Ir  and  Mrs  Hesse,  charged 
one  ^Manuel,  a  Mexican,  with  having  attempted  to 
break  into  their  house  and  take  their  lives.  Manurl 
was  arrested  and  examined  before  Judge  Cr-adlebauii-h, 
who  held  him  to  answer  before  the  ])roper  court. 
Durinii:  the  examinatioii  the  woman  swore  that  the 
^Mexican  had  made  improper  proposals  to  her.  How- 
ever this  may  have  been,  it  was  generally  believed 
that  the  woman  was  as  bad  as  the  man.  Yet  when 
immediately  upon  the  close  of  the  examination  Mis 
Ilesse  drew  from  under  her  sliawl  a  cocked  pistol, 
and  placing  it  against  the  head  of  the  prisoner  fired, 
causing  his  instant  death,  neither  judge,  slieriff,  nor  the 
people  made  any  attempt  to  arrest  her,  but  permitted 
lier  to  return  to  her  home  in  peace,  as  if  she  had  com- 
mitted a  meritorious  act. 

In  INIarch  1860  the  ranchmen  of  Carson  Valley  met 
at  Genoa  and  made  pledges  of  mutual  protection. 
Forebodings  of  disquiet  seemed  present  in  the  minds 
of  all.     The  unsettled  titles  both  to  mining  and  to 


VmOIXIA  CITY. 


601 


ants 
:heir 
and 
onics 
vt  of 
;port, 
es  of 

c  was 
^ticctl 
;tli  of 

Airtlcr  or 
Acspcrato 
1  MoiKlay 
ourt;  ami 
;an  detect 

[1  Juno 

•liargc'.l 

tod  to 

Mauiul 

ibau;,5l», 

court, 
lat  tlio 

IIov.- 
cliovod 
t  wliou 
)u  Mrs 

pistol, 
i:Y  firod, 

nor  tlio 
Irniittod 

,d  cou\- 


llcy  mi't 

Itoctioii. 

t  minds 

and  to 


farming  lands  wore  the  cause  of  many  disputes  and 
bloody  affrays;  add  to  this  the  absence  of  competent 
courts  and  the  presence  of  the  very  worst  clement 
from  California  and  elsewhere,  and  the  outlook  for 
social  order  was  not  very  encouraijinu:.  If  the  oram- 
biers  and  desperadoes  would  conline  their  shootings 
and  cuttings  to  their  own  class  no  one  would  complain, 
but  it  is  contrary  to  nature  for  beasts  of  the  same 
species  to  prey  on  each  other.  Notwithstanding  all 
})rognostications,  prosperity  attended  the  development 
of  the  natural  wealth  of  the  territory.  j\Iost  luckily 
Virginia  City  escaped  for  nearly  three  years  those 
sweeping  conflagrations  which  with  their  crushing  in- 
fluences had  so  often  lai<l  young  San  Francisco  in 
ashes.  Several  attempts  at  incendiarism  were  dis- 
covered both  before  and  after  the  great  (ire  which 
occurred  at  Virginia  City  about  the  1st  of  Septendjor 
18G3,  but  this  lire,  it  was  generally  conceded,  was  the 
result  of  accident.  At  tliis  time  where  four  3'ears 
before  there  was  a  camp  amidst  the  sagebrush  con- 
sisting of  two  rude  stone  houses,  and  six  or  eight 
tents  and  brush  shanties,  occupied  by  a  score  or  two 
of  straggling  adventurers,  there  were  now  within  an 
area  of  three  miles  square  twenty  thousand  inhabi- 
tants, with  houses,  roails,  mills,  gas  and  water  works, 
witli  schools,  churches,  theatres,  and  all  the  concom- 
itants of  civilization.  But  all  tliis  time  the  progress 
and  prosperity  of  Washoe,  as  Nevada  was  then 
]>opularly  called,  was  material  rather  than  moral.  Of 
all  places  on  the  jilanet,  it  was  then  tlio  paradise 
of  evil-doers,  as  Califoi-nia  had  been  in  her  day.  From 
the  frequency  of  assaults,  assassinations,  and  robber- 
ies, toijether  with  the  many  minor  misdemeanors  and 
suicides,  one  would  think  that  Washoe  Valley  had 
become  the  world's  nior;d  cess[)ool,  the  receptacle  of 
prison  oflal  from  every  (juarter.  Likewise  there  as- 
send)led  were  multitudes  of  political  vagrants  and 
pcttilbggers  such  as  wait  on  rascality  and  derive  their 
sustenance  from  vagabondage,  whose  presence  in  the 


602 


POPULAR  TRIEUXALS  OF  VTAII  AND  NEVADA. 


now  more  refined  atmosphere  of  public  sentiment  in 
California  was  not  tolerated  as  formerly.  Bloated 
dissipation  sunned  itself  upon  the  street-cdrners,  and 
lust  and  lewdness  flaunted  their  gay  attire  along  the 
thoroughfares.  Mingling  with  the  whiskey- stained 
visages  of  the  dominant  race  were  the  black  and 
yellow-skinned  element  found  in  every  important  town 
upon  the  Pacific  coast;  and  seasoning  the  mass  with 
infernal  relish  was  woman  of  every  shade  of  influence, 
from  distraught  wives  seeking  release  from  unwelcome 
bonds,  and  g.ass-widows  panting  for  new  alliances,  to 
the  openly  ^jrofanc  and  gaudily  decked  professional. 
"In  fact,"  says  one,  "Washoe  is  now  to  Californij* 
what  the  latter  was  at  one  time  to  all  the  world 
beside — a  receptacle  for  the  vagrant,  the  vicious,  and 
the  unfortunate,  who  hasten  to  find  in  the  excitements 
and  social  license  incident  to  frontier  life  a  condition 
congenial  to  their  perturbed  spirits  and  blasted  hopes; 
and  it  may  be,  if  indeed  there  is  not  reason  to  believe 
it  will  happen,  that  this  country,  this  coming  state  of 
Washoe,  when  it  shall  have  had  the  age  of  her  sister 
California,  will  be  able  to  boast  as  nmch  public  intel- 
ligence and  virtue,  and  to  make  as  fair  an  historic 
record  as  she." 

Tlie  settlers  in  Washoe  Valley  during  the  winter 
of  18G3-4  felt  the  necessity  of  banding  and  organ- 
izing for  mutual  protection  against  'land-jumpers'  or 
squatters  on  land  previously  claimed. 

Aurora  had  its  Citizens'  Protective  Union,  which 
assumed  the  form  of  a  military  organization.  On  tin; 
9th  of  February  18G4,  at  twelve  o'clock,  noon,  tho 
members  formed  in  line,  marched  to  the  county  jail, 
and  taking  thence  four  prisoners,  charged  with  tho 
murder  of  W.  R.  Johnson  a  week  })revi()us,  mounted 
them  upon  a  scalTold  erected  in  front  of  Armory  Hall. 
The  military,  who  were  one  with  the  Citizens'  Pr*'- 
tective  Union,  held  the  town,  and  though  there  w.is 
a  great  concourse  of  people,  the  strictest  order  was 
preserved.    The  doomed  were  then  permitted  to  spoaI<. 


THE  TOWN  OF  AURORA. 


603 


nt  in 
oatetl 
i,  and 
ig  the 
:ainecl 
j^   and 
[,  town 
s  with 
uencG, 
Lslcomo 

lCCS,  tt) 

isionul. 

lifornii' 

I  worhl 

us,  and 

;ements 

)ndition 

I  hopes; 

,  bchevc 

state  of 

lor  sister 
ic  intcl- 
histoiic 

[3  winter 

organ- 

ipcrs'  or 

which 
On  til'". 
loon,  tlio 
mty  jail, 
kvith  tht! 
Iinovuiti'il 
])ry  Hull. 

Mis'  PV- 

Ihcre  was 

[•der  was 

|to  spoaA. 


The  first,  named  Buckley,  assured  his  hearers  that  he 
and  one  of  the  others,  I)aly,  alone  were  guilty ;  that 
McDowell  and  Masterson,  standing  there  with  them, 
were  wholly  innocent  of  the  crime.  Daly  confirmed 
what  Buckley  liad  said.  Johnson  had  killed  Daly's 
partner,  and  Daly  only  regretted  that  there  was  but 
one  Johnson  to  kill  in  return.  Masterson  simply  as- 
serted his  innocence.  McDowell  raved,  called  heaven 
to  witness  his  imiocence,  and  warned  the  people  not  to 
do  murder  by  taking  his  life.  He  appeared  under  the 
intiuence  of  liquor,  and  Daly  was,  if  anything,  worse. 
Just  before  McDowell  was  pinioned  he  bade  good-by 
to  all,  and  then  suddenly  drawing  a  derringer  and 
pointing  it  at  his  breast  he  pulled  the  trigger;  l)ut  it 
snapped  without  exploding,  when  he  dashed  it  to  the 
ground  with  a  curse.  Buckley  was  cool,  brave,  respoct- 
ful,  and  temperate.  In  neither  speech  nor  demeanor 
did  he  manifest  the  slightest  fear.  About  half-past 
one  tlie  four  men  were  placed  in  positicm,  their  liands 
tied  and  eyes  bandaged;  the  signal-gun  was  then  lireil, 
and  earth  with  its  materiality  sank  beneath  four  dis- 
embodied souls. 

It  appears  that  this  rich  and  famous  mining  dis- 
trict was  then  infested  with  desperadoes,  who,  like 
noxious  vermin,  filled  the  settlements  and  made  r.uik 
the  air  by  their  jiresence.  For  nearly  two  years  a, 
reign  of  terror  had  existed,  until  with  the  incorpora- 
tion of  the  town  of  Aurora  tlie  evil  elements  organized 
and  entered  politics.  Filling  the  oflSces  with  their 
fellows,  they  had  prostituted  the  law  to  their  own 
base  purposes.  The  numerous  gambling-houses  Mere 
crowtled  night  and  day,  and  bullets  and  bowie-knives 
were  constantly  opening  fresh  channels  for  the  flow  of 
1  flood.  The  quiet  towns-people  were  almost  afraid  to 
appear  upon  the  streets;  miners  would  hurriedly 
transact  tlieir  business  and  hasten  away  while  thev 
Mere  able.  Pending  the  decision  of  the  courts  in  suits 
involving  title,  mining  companies  had  held  possession 
of  their  claims  b}-  the  assistance  of  hired  ruffians. 


604 


POPULAR  TRIBUNALS  OF  UTAH  AND  NEVADA. 


Life  had  hung  upon  a  popular  will  as  passionate  and 
capricious  as  that  ot"  the  Roman  aniphitheati-o,  where 
a  gladiator's  late  was  decided  by  the  spectators,  wlio, 
if  they  desired  he  should  live,  held  their  thumbs 
down,  and  if  they  wished  him  to  be  slain,  pointed  tlicir 
thund)s  u])ward. 

Upon  the  election  of  a  new  marshal  adverse  to  the 
reign  of  the  roughs,  the  latter  had  determined  to 
strike  a  signal  blow;  and  the  murder  of  Johnson,  an 
orderly  and  respected  gentleman,  whose  only  olfence 
was  a  conscientious  discharge  of  duty,  was  perpetratetl. 
Tlien  followed  the  execution  of  the  four  rulhans  already 
mentioned. 

The  following  reasons  why  Johnson  was  killed  are 
given  by  a  Carson  co-respondent  of  the  Virginia  City 
ilnion: 

"It  will  l)c  recollected  that  al)out  a  year  ngo  a  man  iiaiiicil  Scars,  while 
passing  on  foot  by  Johnson  Station,  mounted  a  Jionie  sfamding  sadilled  at  the 
<loor  and  rode  ufl"  witli  him.  'J'liis  waa  at  ^\'right'ii  bridge,  on  the  Mcst  fork 
of  Walker  Kiver.  'J'he  hor.se  belonged  to  a  neighbor  of  .lohnson,  a  poor  man, 
who  deplored  his  loss  severely.  A  young  man  named  llodgers,  stopi)ing  at  the 
station,  mountetl  another  animal  and  went  in  pur.iuit  of  the  thief,  aiul  over- 
h.ui'.in,;;  him  at  the  Sweetwater.  ealle<l  on  him  to  halt,  threatening,  if  he  did 
not,  to  lii'c  on  him.  Sears,  however,  instead  of  stojiping,  attempted  to  mak(^ 
good  his  escape,  when  llodgers  fired  and  killed  him.  Th.  ■  excuse  of  llodgei's 
Wius  that  ho  feared  Sears  might  shoot  him  if  he  came  to  eliK-.e  quarters,  and 
that  he  v.duld  get  oil  with  the  animal  if  he  did  not.  The  killin;,'  might  he 
regarded  in  part  as  the  result  of  chance,  seeing  that  it  wa.s  eilected  with  a  ])i.<tol 
and  the  ]iartie8  were  a  long  way  from  each  other.  After  the  killing  Uodgers 
proceeded  at  once  to  Carson  and  surrendered  himself  U>  the  authoritii  s,  hacl 
an  examination,  anil  was  disehar;ed.  Ho  was  udvLsed,  however,  to  leave  the 
jilai'e,  as  .Tohn  Daly  had  threatened  to  kill  him.  Sears  having  lieen  a  frieml  or 
companion  of  the  latter.  Ivo<lgers  thereujion  eame  back  to  .Johnson's.  A 
short  time  aflei-,  Daly  and  Jack  McDowell,  «/('«.•<  'J'hree- lingered  .faek,  came  to 
.lohnson's  and  <lemaniled  to  know  where  Rodgers  was,  as  they  wished  to  ai- 
rest  him.  .lohnsoii  refused  to  inform  them,  know  in;,'  that  thi'y  woidd  iiill  liiiu 
if  lliey  got  him  in  their  jiossession.  Ite  told  them,  however,  that  he  knew 
wheri'  Rodgers  was,  and  that  he  would  inform  them  if  they  came  autlioii;'.ed 
with  a  jirojic  1-  warrant  for  his  arrest.  Knowing  that  they  eouhl  not  jiroemv 
tliis,  they  left  in  a  rage,  and  have  frequently  since  been  known  to  tiu'eatta 
Johnson  foi-  the  part  lie  took  in  befriending  Ifodgers.  In  order  to  alhiy  sus- 
picion, however,  they  let  the  aliiiir  rest  for  a  whole  year;  nor  docs  it  appcr 
that  John.^on  waa  nppri.scd  of  their  purpose  or  aware  of  the  throats  they  h;:d 
made.    The  diy  prior  to  the  nuirdcr  Johnson,  it  ap^iears,  went  to  Aurora  fi^r 


CAPTURE  OF  BUCKLEY. 


G05 


are 


9,  -vvhilo 
;l  at  the 
est  fork 
Ml'  iiiiiu, 
i;^  at  till! 
11(1   DVUl- 

f  ho  .li.l 
to  iiiaki^ 

iTH,  ami 
iii.-ilit  111' 
la  pi.'t"! 

ti.  H,  haa 
•  avi'  tin' 
iVii'ial  111' 
,(m";<.     -^ 
|,  caiiH'  t'l 
oil  to  ai- 
Uill  liiiii 
hi'  kiu'W 
ithoi-i/.i'i 
]irocuv<' 
1  throat  t!i 
iiUay  HU- 

lit  ai'l"'''' 
Ithcy  ha.l 

luvov'ii.  £"^' 


the  purpose  of  diaposing  of  a  lot  of  potatoes,  when  tliis  gang  at  once  set  their 
wits  to  work  to  phm  liis  death  in  a  manner  that  wouUl  be  k'ast  likely  to  draw 
suspicion  on  themselves.  To  this  end  one  of  tiieir  numhcr,  aflecting  a  great 
friendship  for  Johnson,  induced  him  to  take  a  walk  witli  him,  and  linally  to 
visit  several  places  about  town,  in  which  manner,  having  kept  him  up  till  a 
late  hour,  he  finally  decoyed  him  into  a  somewhat  obscure  locality,  wliere, 
secreted  behind  a  wood-pile,  his  companions  lay  in  wait  to  despateli  tiieir  nii- 
susjtecting  victim.  Arrived  at  the  spot  agreed  on,  Buckley  fellod  Johnson  by 
a  blow  over  the  head  with  a  pistol.  John  Daley  then  shot  him  tlirou^di  the 
lioail,  when  a  third  one  of  tlie  party,  but  whether  McDowell,  or  Masterson,  or 
some  other  one  of  the  gang,  is  not  known,  cut  his  throat.  His  pockets  having 
been  rifled,  he  was  left  lying  on  the  spot  where  he  fell.  Tlie  assassins  then 
S'.'parated,  Daly  going  to  a  saloon  near  by,  where  he  shortly  after  told  those 
present,  with  affected  nonchalance,  that  there  was  a  man  lying  in  the  street 
(lead  a  little  way  off,  designating  tiic  spot.  These  parties  at  once  suspected 
tiiat  Daly  was  himself  the  murderer,  or  knew  something  of  the  matter,  and 
kocpin  r  their  eye  on  him,  soon  after  procured  his  arrest.  A  follow  known  as 
Italian  Jim,  who  it  seems  overheard  the  nmrder  plainied,  or  was  in  some  way 
in'ivy  to  it,  becoming  ahirmcd,  took  the  stage  early  in  the  morning  and  K  ft 
in  the  direction  of  Carson.  Oflicer  I'ine  having  been  dospatohed,  overtook 
the  .stage  at  Wellington's,  on  the  West  Walk'!r,  and  conducted  him  Itaok. 
.lim,  in  order  to  save  himself,  made  a  confession,  revealing  who  wore  tlie 
guilty  iiarties  and  the  manner  in  which  the  diabolical  crime  was  connuitted. 
Corroborating  evidence  having  been  obtained,  the  nuirdor  was  fastoiiod  upon 
these  men  beyond  any  doubt,  to  sav  nothing  of  the  confessions  of  Buckley 
and  Daly." 

The  Esmeralda  Star  ffivcs  the  followiiii;  account  of 
luurdcrer  Buckley's  capture: 

"]?uckley  fled  from  the  town  on  Wednesday,  the  day  after  the  murtur. 
Vai.ior,  Oilman,  and  Fagan  had  also  fled  on  hoi-scljack  and  gone,  as  supposed, 
wliich  afterward  proved  to  be  correct,  to  the  AiIoIm;  Meadows.  Various 
I  inr.ors  were  flying  through  the  town  that  Buckley  was  hid  in  some  one  of  the 
many  hundreds  of  tunnels  and  sliafts  on  I.^ist  Chance  Hill.  A  thorough  search 
V.  as  made  everywhere  to  find  him,  but  it  all  proved  to  l>e  a  fruitless  task.  On 
IViday  evening  ShorilF  Francis  returned  to  town  with  Parker,  (Jilman,  and 
I'av'.'in,  who  were  taken  at  the  Adolx!  Meadows;  from  them  information  was 
j:ivoii  that  a  man  answering  the  description  of  Buckley  had  passed  .Mackay's 
raiioho  on  foot,  which  is  nbdut  twelve  miles  from  this  jilace;  ho  had  Kto|ipi'd  to 
^;i't  a  drink  of  water,  but  wliou  he  saw  Parker  and  his  companions  lidiiig  up 
lio  secreted  himself,  supjiosing  them  to  bo  a  party  sent  in  pursuit  of  hii.i.  .\s 
sociu  as  they  had  left  he  started  for  Memo  Lake,  and  from  thence  was  iutoMil- 
iii;;  to  make  his  way  f)ver  the  mountains  tlie  liest  way  lu;  could.  Tin'  .■-Ik  rill'. 
hearing  no  further  tidings  of  him,  left  on  Saturdaj'  moniing  for  tlie  Adobe 
Mc.mIows,  determined  if  he  did  not  find  him  tluu-e  he  would  go  on  down  t  > 
<l\veii:!ville,  wiiitliei-  he  supjiosed  ho  had  lied.  Captain  Tool  also  \\ciit  out, 
taking  with  him  Mr  Augustus  Lidcc  and  Joim  Burns,  and  went  over  toward 


CC6 


rorULAR  TRIBUN.iLS  OF  UTAH  AND  NEVADA, 


Mono  Lake,  haviny  started  one  day  ahead  of  Francis.  They  hunted  dili- 
4,'ently,  riding  entirely  round  Mono  Lako  on  a  veiy  dark  niglit,  and  a  portion 
of  the  time  without  any  food.  The  weather  waa  piercing  colil,  and  they 
came  near  freezing  their  ears,  hands,  and  feet.  Tliey  finally  had  to  stop 
and  build  a  lire  to  wann  theni.selve.s  bj'.  They  then  mounted  their  liorses 
and  hunted  a  long  time  during  the  day  for  the  fugitive,  and  then  returnetl 
to  town. 

"  On  Monday  moniing  Deputy-sherilf  Teel  felt  eonfident  he  couhl  be  found, 
provided  Teel  had  enough  men  to  assist  him;  ami  on  Monday  luat,  at  about 
eleven  o'clock  in  the  forenoon,  ho  started  out  for  Mono  Lake  with  Messrs 
]^ke,  Shreves,  Dekay,  Patterson,  Jackson,  Staatz,  and  Joseph  lUcluirdson,  iii 
company.  When  they  arrived  at  Mono  Lake,  on  the  northt-rn  side  Captain 
Teel  divi.'.ad  his  forces  into  two  parties,  lie  sent  Shreves,  Jack;.on,  Patter- 
son, and  Dekay  around  the  oast  end,  and  took  wiili  him  Richardson,  Lake, 
and  Stuatz  to  go  around  the  west  end  of  the  lake,  and  all  would  arrive  at  Le 
Vining's  old  rancho  within  about  fifteen  minutes  of  each  other.  The  party  that 
went  around  the  east  end  of  the  lake  rode  very  fast  until  they  came  to  Riish 
Creek,  which  empties  into  the  lake ;  they  daslied  in  across  the  ei-eek  and  came 
to  Le  \'ining's  old  lioutie.  The  door  was  open,  and  the  party  demantled  of  the 
men  who  were  there  if  they  had  seen  anything  of  Buckle}',  and  one  of  tiiem 
replied,  'lie  is  not  here.'  The  dog  belonging  to  the  house  kept  up  a  foolish 
barking,  and  seemed  to  be  watching  something  in  the  .sagebrush,  and  would 
occasionally  make  a  dash  toward  it.  This  attracted  the  attention  of  .lack- 
son,  and  he  thought  he  saw  something  moving  ia  the  siigebrush,  and  he  also 
tliought  there  was  a  lit'de  chip  or  sometlnng  tlirown  toward  tlic  dog  to  drive 
him  away,  lb;  brouglit  his  gun  to  his  shoulder  and  said,  'Patterson,  I've  got 
something;  let  us  see  what  it  is.'  The  rest  of  them  brought  their  guns  to 
their  shoulders  and  covered  the  object  also,  wliile  Patterson  went  on  foot 
toward  it,  and  when  he  had  got  within  a  few  feet  of  it  Buckley  rose  to  iiis 
feet  and  said,  '  Boys,  you  have  got  me  this  time,'  and  immediately  surren- 
dei-ed.  They  brought  him  to  the  house,  and  in  about  fifteen  minutes  Deputy- 
sherilF  Teel  arrived  with  his  party,  they  having  dismounted  a  little  way  oil' 
in  order  to  come  in  on  foot  ard  surround  the  house,  expecting  to  take  him 
that  way. 

"Remounting  their  horses,  the  party  all  rotle  back  together,  passing  by  the 
house  of  Mr  Boomer»iiine,  who  did  not  expect  them  until  nioiniug,  and  had 
niiide  every  pri'pai'ation  to  greet  them  with  a  line  breakfast  of  wild  <lucks 
juid  geese,  and  every  hospitality  he  coidd  bestow,  but  Teel's  party  arrived 
too  soon  for  him ;  but  it  was  not  lost,  for  SherifT  Francis  and  party  an-iving 
at  the  hour  set  made  it  all  right.  Teel  and  his  party  pushed  on  toward 
home,  aiul  some  of  their  horses  gave  out,  but  as  a  good  providence  would 
have  it,  as  tliey  were  trudging  their  way  along  slowly  in  the  middle  of  tlu;  nig'  * 
a  band  of  horses  came  up  to  them;  one  of  tho  party  said  'Whoa!'  and  they 
stopped  and  allowed  four  of  themselves  to  be  saddled  and  bridled  without 
any  difficulty,  and  the  party  tlius  being  mounted  on  fresh  hor.ses  they  were 
cnal)led  to  reach  home  a1>out  five  o'clock  in  the  morning  of  Thursday  with 
their  jirisoner,  who  was  at  onco  put  into  the  county  jail. 

"  Buckley  iufonncd  them  that  when  Teel  and  his  party  were  out  the 


DEVII 


607 


(ViU- 
irtioH 

they 
1  stop 
lorsea 
urncil 

Eouinl, 
al)out 
Messrs 
son,  i'.i 
'aptiiin 
I'atter- 
,  Laki--, 
\!  at  Lii 
vty  that 
to  Rush 
ud  came 
111  of  the 
of  theiu 
a  f(K)Ush 
[ul  wouM 
of  Jack- 
A  he  also 
[f  to  ihivi: 
I,  I've  got 
,■  guns  to 
It  on  foot 
,se  U>  his 
|ly  surrMi- 

Deputy 
|le  way  olV 

take  him 

linjj  l)y  the 
aiul  had 
l-iM  (Uicks 
ly  ani^'''^ 
ly  aiTiviu:-; 
],n  toward 
luce  would 
Iftheiii^''" 
and  they 
Id  without 
Ithey  wi'VL' 
kday  with 

L  out  the 


first  time,  during  the  niglit  he  saw  their  fire  and  could  hear  them  talk,  and 
when  they  mounted  their  horses  ngain  they  camo  on  so  fast  that  tiicj'  over- 
took him,  and  that  lie  laid  down  in  the  sugehnisli  and  came  very  near  being 
stepped  on  l)y  Mr  Lake's  horse.  He  had  tnivelled  around  the  lake  several 
times,  which  is  about  thirty-five  miles  in  circumference,  and  lindiu','  liimsclf 
closely  pursued,  he  struck  out  into  the  open  wild  sagebrush  plain  fur  tiio 
Adobe  Meadows.  On  Hearing  this  place  ho  got  a  glimpse  of  Slieriil  I'rancis 
and  jinsne,  and  started  back  again  over  this  long  distance,  through  tliia  wild 
sagebrusli  deaert,  to  the  alkaline  waters  of  Mono  Lake  again,  and  wandcreil 
around  its  shores,  hiding  in  the  sagebrusli  until  almost  exhausted.  His  ca:)- 
tui'o  soon  followed  in  the  manner  aliove  sfcited,  and  he  was  brought  to  town, 
declaring  that  \w  would  rather  be  hanged  than  sufTer  aa  he  liad  for  those  hist 
three  or  four  days  and  niglits  from  Imngcr  and  cold;  and  being  worn  com- 
jilctely  out,  ho  found  that  escape  was  impossible,  and  having  suffered  so  nnich, 
(juietly  submitted  to  his  fate,  which  explains  to  a  groat  degree  the  cause  of  liia 
cheerfulness  and  composure  when  ou  the  scaffold." 

Tlio  o-ovornor,  on  entering  Aurora  sliortly  nfter- 
v/ard  to  inquire  into  this  arbitrary  ntatc  of"  afthin>, 
.saw  tlic  grim  framework  where  the  eulprits  luul  been 
executetl  with  the  lour  fatal  ropes  still  dangling  from 
the  cross-beam,  and  turning  to  the  sherilf  exclaimed, 
"Have  that  devilish 'machinery  immediately  removed!" 
Tlie  sheriff  hesitated,  fearing  the  power  behind  the 
throne;  but  when  the  governor  threatened  to  do  it 
himself  if  he  did  not,  the  sheriff  mustered  the  requisite 
courage  and  had  the  gallows  taken  down.  The  Au- 
rora Tiincs  of  tlie  4th  of  March  shows  that  notwith- 
standing the  return  of  peace  secured  by  the  j>eo})le's 
organi;iatit)n,  there  were  those  who  were  restless  for 
them  to  disband,  knowing  that  to  practise  the  arts 
of  their  profession  while  the  watchful  eye  was  on  them 
M'as  not  safe.     Says  that  journal: 

"Tho  following  petition  is  being  circulated  througli  town  for  signaturi'S. 
Last  evening  we  saw  one  list  containing  over  fifty  names.  Tho  movement 
sliows  t!i;it  there  is  an  opposition  to  tlie  ('itizens'  Safety  Committee  in  our 
midst,  to  wliich  its  jirotracted  session  is  giving  strengtii.  We  liave  no  desire 
to  sec  Aurora  declared  in  a  state  of  insurrection ;  no  wish  to  ha"o  troops  sent 
here.  As  set  forth  yestenhiy,  the  effect  would  be  most  injurious  t<>  the  in- 
terests of  the  city.  If  the  committee  wouhl  get  through  witli  tiieii-  l)usim'ss 
and  disband  at  once,  the  opposition  now  manifesting  itself  would  fall  to  tho 
ground  and  amount  to  nothing.  The  danger  of  a  bloody  collision  l)ct\vei  a 
tho  oLiceid  of  tho  law  uud  tho  committee,  which  Ihroatcua  hourly  to  como 


COS 


POPULAR  TRIBUXALS  OF  UTAH  AND  NEVADA. 


alwut,  is  by  no  means  a  pleasant  subject  to  contemplate. 

as  follows : 


The  petition  rcatlg 


,  I! 


"V'o  hh  Excellenfji  James  W.  Nije,fiov<>mnrnfthe  Tcrritorijof  Kcxada,  Carmn: 

"Your  petitioners,  residents  and  citizens  of  Aurora,  Esmeralda  County. 
Territory  of  Nevada,  would  most  respectfully  represent:  That  there  is  now 
an  nnncd  organization  in  our  midst,  acting  in  open  defiance  of  the  Liw  jind 
constituted  authorities;  tliat  this  organization,  without  even  the  pretence  of 
legal  ri'.'ht,  is  continuing  to  arrest  citizens  and  residents  among  us.  and  com- 
pelling them,  by  an  overwhelming  force,  to  leave  and  abandon  a  place  where 
they  have  seen  fit  to  come  and  live.  These  proceedings  arc  being  carried  on 
by  an  armed  multitude,  overpowering  the  legally  constituted  officers,  upon 
the  pi-ctext  of  charges  that  are  preferred  in  secret  against  parties  proteitting 
tlicir  entire  innocence,  and  who  arc  denied  the  opportunity  of  defence,  of  con- 
fronting their  accusers,  or  even  of  knowing  who  they  are. 

"Within  a  very  few  hours  one  of  these  orders  to  leave  has  been  issued  and 
enforced  by  this  organization  at  the  imminent  peril  of  the  safety  of  our  town, 
and  the  lives  of  the  officers  of  the  law  and  a  large  nundier  of  citi:;cn3  called  t ) 
their  aid,  but  rendered  jiowerlcss  from  the  fact  that  all  the  public  arms  are  in 
the  hands  of  the  organization  referrctl  to. 

"But  now,  in  ad<lition  to  all  this,  another  blow  is  levelled  at  every  prin- 
ciple of  law  and  sentimcTit  of  justice  in  the  arrest  of  our  fellow-citi;:en  .Tolm 
M.  Prendegrast,  who  has  come  inidcr  the  ban  of  this  organization,  falsely 
styled  the  People's  Safety  Committee.  This  man  we  have  known  long.  lie 
is  an  old  resident  and  a  large  property-owner  in  this  place,  and  baa  held  ami 
now  holds  upon  our  stafT  of  police  a  position  which  ho  has  ever  filled  with 
fidelity  and  sobriety.  Within  the  last  twenty-four  hours,  in  the  niid<lle  of 
the  night,  this  man  has  been  arrested,  without  waiTant,  without  knowi;ig  for 
what  cause,  has  been  held  in  close  custody,  a  jnock  inver.tigation  rcpcirteil  t> 
have  been  held,  and  without  the  aid  of  counsel  or  frieutks  or  the  privilew  of 
calling  witnesses  in  his  defence,  ho  is  ordered  to  leave  the  place  which  ho  bus 
made  his  home,  and  w-here,  by  bis  industry,  lie  has  accumulated  a  h;;nd:;oiiie 
property,  and  obtained  the  respect,  hitherto  at  least,  of  the  whole  connnunity. 

"We,  therefore,  your  petitioners,  earnestly  urge  upon  your  excellency  to 
adopt  some  measures  by  which  our  society  may  be  hebl  and  protected  witliia 
the  law,  the  imminent  danger  of  a  disastrous  outbreak  and  bloodshed  be 
avoided,  and  the  rights  of  all  be  protected  and  secursd. 

"And  j'our  petitioners  will  ever  pray,  etc. 

"Aurora,  March  3,  ISG4." 

The  errand  jury,  reporting  a  month  later,  thouglit 
differently.     They  say: 

"  Having  considered  the  homogeneous  character  of  our  population,  isolat'il 
as  wc  are  and  removed  from  the  influences  of  older  communities,  and  the 
great  difliculty  and  expense  of  procuring  witnesses,  which  deter  pcrsoii^ 
of  limited  means  from  prosecuting  and  bringing  to  justice  the  perpctrat<irs  nt 
crime,  and  the  fact  that  within  the  last  three  years  some  twenty-seven  of  or.r 
citizens  have  come  to  their  death  by  the  hand  of  violence,  and  the  delays  ai:d 


AUllOr^  AFFAIRS. 


600 


3a;l9 

•son : 
inty. 

now 
/  mill 
»cc  of 

com- 
wlioro 
icil  oil 
,  upon 
Dfstiii'; 
of  cou- 

letl  ami 

V  town, 
iA\vi\  t ) 
13  arc  ill 

;ry  rvin- 
:en  Jd'.i'i 

1,  i-aW'-y 

m'S-  "^' 
lielil  iiu<l 
llk-.l  wiUi 
.ir.adle  .;! 
nviiv;  fiiv 

ivili'L''-'  *''" 
I  ho  li:'S 

i;.uil;ou>i: 

inumi'^y. 

r.ency  t;) 

il  witln-.i 

nldhcd  lie 


llOUgV't 


,  isolat-'il 
and  thf 
Ir  persni!^ 
Itrators  "f 
len  of  onr 
Llays  as- 1 


inefficiency,  and  wc  believe  also  the  indifference  of  those  who  were  the  sworn 
guardians  and  ministers  of  the  law,  and  the  unnecessary  postponement  of  im- 
portant trials,  whereby  many  notorious  villains  have  gono  unpunished,  we 
are  led  to  believe  that  the  membera  of  the  vigilance  association  have  been  gov- 
erned by  a  feelijig  of  opposition  to  the  manner  in  which  the  law  haii  been  ad- 
ministered rather  than  by  any  disregard  of  the  law  itself  or  of  its  ofticcrs." 

Says  the  San  Andres  Register  of  the  27th  of  Feb- 
ruary 1864: 

' '  Since  the  organization  of  the  Vigilance  Coimviittce  at  Aurora  there  has 
been  a  general  skedaddling  of  murderers,  gamblers,  and  thieves  from  that 
locality.  It  seems  tliat  a  regular  system  has  been  atlopted  by  this  class  of 
gentry  for  the  murder  of  persons  who  might  become  obnoxious  to  them, 
from  any  cause,  and  great  concert  of  action  existed  when  they  marked  each 
ouo  for  blaughter.  A  man  named  Finley,  who  was  interested  in  several 
Valuable  mines,  was  thought  by  them  to  have  too  good  a  thing,  and  his  death 
1  (Solved  on ;  ascertaining  which,  ho  quietly  sold  out  and  left  for  the  east. 
1  »r  Mitchel  was  also  doomed,  because  ho  was  a  most  important  witness  in  the 
J'oud  and  Del  Norte  suit,  and  saved  his  lifo  by  the  greatest  watchfulness. 
Julmson  was  killed  for  his  money." 

The  Stockton  Tndejjendent,  noticing  the  refusal  of 
the  grand  jury  of  Lincohi  County,  Nevada,  to  indict 
Ijarney  Hood  for  kilhng  Thomas  Coleman  at  Pioche, 
nives  the  following  hist(jry  of  some  luffians  with  whom 
Coleman  was  associated: 

"In  1SG7  Edward  Lloyd  shot  and  killed  a  teamster  named  Thornton  at 
Oioville.  iVfter  two  or  three  trials  he  was  sentenced  to  ten  years  in  the 
btate-prison,  but  through  some  decision  of  the  supreme  court  finally  escaped. 
1  lu  and  his  two  brothers,  George  and  Thomas  Lloyd,  kept  the  Mountaineer 
saloon  in  Sacramento  in  18G1-2.  In  the  last  named  year,  if  wo  are  not  mis- 
taken, the  great  fight  occurred  at  the  foot  of  K  street  between  the  steamboat 
tuuuers.  Both  drew  pistols  and  commenced  firing  simultaneously.  Lloyd 
was  reenforced  by  his  brother  George,  his  cousin  Patsey  Callahan,  and  Me- 
Alpinc,  who  has  since  earned  a  wide  reputation  as  a  prize-fighter.  Coleman 
was  supported  by  Joe  McGcc  and  F.  N.  Smith.  The  Lloyd  party  was  anncd 
villi  but  one  pistol  and  one  knife.  McGee  stood  a  short  distance  off  and  fired 
with  a  revolver,  wounding  George  Lloyd  in  the  right  shoulder  and  McAlpine 
in  the  Avrist.  In  the  heat  of  the  conflict  Smith  approached  Edward  Lloyd 
from  the  rear  and  shot  him,  killing  him  instantly.  Smith  remained  in  the 
county  jail  about  six  months,  when  the  grand  jury  ignored  the  charge  against 
him.  George  Lloyd  had  by  that  time  recovered.  Within  fifteen  minutes  of 
the  time  Smith  was  discharged,  George  Lloyd  shot  and  killed  him,  inflicting 
four  bullet- wounds.  Lloyd  was  tried  several  times,  and  finally  acquitteu. 
A  year  or  two  later,  Patsey  Callahan  was  stabbed  and  killed  at  the  Bank 
Pop.  Tbuj.,  Vol.  I.    39 


nio 


POPULAR  ']  RIIJUXALS  OF  UTAH  AND  NEVADA. 


Kxchange  in  Siicranicnto  Ijy  Tliomas  Sherman.  George  Lloyd  went  to  Nevada 
and  Thomas  Lloyd  to  Idalio.  While  in  Sacramento  George  Lloyd  had  a 
rough-and-tumble  fight  with  Johnny  Daly,  which  was  the  subject  of  consid 
crablo  talk  among  their  friendy.  The  silver  excitement  took  over  to  the 
vicinity  of  Aurora,  George  Lloyd,  Joimny  Daly,  Jimmy  Sears,  and  the  othei 
Thomas  Coleman,  who  was  a  brother-in-lav/  of  the  Lloyd's,  but  who  had 
nothing  to  do  with  the  steamboat  Imsiness.  Scars  soon  afterward,  while 
ti'avelling  on  foot  on  the  Aurora  road,  jumped  on  a  horse  in  front  of  .Johnson's 
hotel  and  rode  olF.     He  was  pursued,  shot,  and  killed. 

"A  short  time  afterward  Daly  and  Coleman  engaged  in  a  bar-room  figlit 
with  George  Lloyd  concerning  mining  claims,  the  respective  parties  h.aviuj,' 
been  retained  as  fightei'S  by  the  conflicting  claimants.  Several  shots  were 
iired  and  Lloyd  was  killed.  It  was  generally  believed  that  the  fatal  shot  was 
lired  by  Ins  brother-in-law  Coleman.  Soon  after  this  occurrence  Johnson  tin; 
hotel-keeper  visited  Aurora  and  was  murdered  in  the  night.  The  proof  was 
conclusive  that  he  had  been  murdered  in  revenge  for  the  killing  of  Sears.  A 
vigilance  committee  previously  organized  arrested,  tried,  convicted,  and 
hanged  Daly  and  three  others  for  the  Johnson  murder.  The  Thomas  Coleman 
who  was  recently  shot  and  killed  at  Pioche  by  Barney  Lloyd  is,  wo  believu, 
the  brother-in-law  of  the  Lloyds. 

"One  evening,  perhaps  in  1SC3,  a  man  whose  name  we  have  forgotten, 
wliilo  in  a  saloon  in  Carson  was  shot  and  killed.  The  assassui  fired  through  a 
window  with  a  shot-gun  and  escaped.  Suspicion  rested  on  McGee.  Precisely 
ii  year  afterward,  at  the  s.amo  hour  in  the  evening,  McGrce  while  in  the  same 
saloon  was  shot  through  the  same  window  and  killed.  The  same  gun  was 
found  on  the  ground,  having  been  used  as  on  the  first  occasion.  The  assassiji 
also  for  a  time  escaped.  Thomas  Lloyd  returned  from  Idaho  to  San  Francisco. 
About  eighteen  months  ago  he  shot  and  killed  a  man  named  Tliny  at  Sevciitli 
anil  Stevenson  stri'i'ts,  and  is  now  serving  out  n  ten  years'  term  in  the  stato- 
])rison  for  the  offence.  We  understand  the  Coleman  who  fought  the  duel 
with  Mulligan  to  be  the  steamboat  runner,  who  still  resides  in  San  Francisco. 
^Mulligan,  while  under  the  inlluencc  of  delirium  tremens  at  the  St  Francis  Hotel 
in  San  Francisco,  resisted  the  efforts  of  tlie  police  to  arrest  him.  .i^i  immense 
ei'owd  gathered  around  the  hotel.  Mulligan  fired  and  killed  two  men  in  the 
crowd,  and  was  himself  shot  and  killed  by  a  policeman.,  This  is  indeed  a 
dark  chapter  in  the  criminal  record  of  the  coast.  The  only  instance  of  pun- 
ishment by  law,  in  connection  with  this  entire  list  of  crimes,  is  that  of  Thoiiuis 
Lloyd." 


About  throe  weeks  after  the  execution  of  tlie 
murderers  of  Johnson,  Aurora  was  agitated  by  tlu' 
threats  of  Masterson's  brother,  who  on  hearing  <>f 
the  hanging  came  over  from  Carson  City  to  settle  tlu' 
rogue's  estate.  Little  attention  was  paid  him  until 
he  began  to  utter  menaces  against  those  who  had 
«lain  his  brother.     Hearing  these,  the  Union  deter- 


THE  MINE15S'  LKAGUK. 


Oil 


Nevada 

1  ha<l  a 

consiil 

P    to    till' 

he  other 
(vho  ha<i 
d,  whili' 
[ohHsoii-* 

oom  figlit 
B8  htvvin;,' 
hots  w<r>' 
I  shot  was 
(hnsou  tin: 
proof  was 
Sears.    A 
icted,  anil 
IS  Coleman 
SVC  believf, 

.  forgotten, 
d  through  11 
,.    Precisely 
in  the  sanii' 
Tio  gun  w:i-^ 
The  assassin 
n  Francisi-o. 
y  at  SevcTith 
in  the  atate- 
;ht  the  diKl 
u  Fraueiscu. 
I'runeis  Ui'tcl 
^Vii  imnu'ii>'' 
|o  men  in  ili'' 
is  indei'il  ii 
,ncc  of  run 
|at  of  Thonius 


of  the 
by  tlK' 
taring  "f 
settle  tho 
him  "i)til 
Iwho  lia*^ 
Ion  deter- 


mined upon  action.  The  signal -gun  was  fired;  the 
sheriff  offered  Masterson  the  protection  of  the  jail, 
of  which  hospitality  he  eagerly  availed  himself  In 
less  than  twent}'^  minutes  after  the  signal -shot  four 
companies  were  under  arms.  The  armed  guard  which 
the  sheriff  had  stationed  to  kee[)  the  prison  were  in- 
,:'ifficient  for  its  protection.  Masterson  then  agreed 
to  quit  the  place  instantly  if  permission  should  be 
given  him.  This  was  agreed  to  by  the  military,  who 
escorted  him  beyond  the  precincts  of  the  town. 

Between  the  ranchmen  and  the  land -jumpers  on 
the  Truckee  River  on  the  night  of  the  17th  of  Feb- 
ruary 1864  there  was  a  bloody  fight,  in  which  one 
Ferguson  was  shot  to  death  and  two  wounded.  The 
ranchmen  then  associated  an«l  declared  war. 

A  man  by  the  nan»e  of  Doyle  had  been  killed  by 
•  »ne  Lynn,  who  for  the  offence  was  confined  at  Dayton, 
Xevada,  for  trial.  About  three  o'clock  on  the  morn- 
ing of  the  lOtli  of  August  1804  a  posse  of  the  Dayton 
V^igilance  Committee  entered  the  apartments  of  the 
sheriff,  whom  they  bound  and  gagged,  and  taking  the 
]<eys  they  opened  the  jail,  took  thence  Lynn,  who 
hegged  piteously  for  his  life  amidst  loud  shrieks  for  as- 
sistance, and  hanged  him  in  the  jail-yard.  Tlierc  was 
little  excitement  attending  the  execution,  few  know- 
ing of  it  except  those  present  until  some  time  after  all 
was  over. 

Near  the  sink  of  the  Carson  on  the  night  of  the 
•ilst  of  October  1864  one  Edward  Hale  was  shot  by  a 
negro,  who  was  soon  afterward  caught  and  hanged  by 
the  people. 

Besides  the  several  committees  of  vigilance  organ- 
ized at  different  times  and  places  in  Nevada,  there 
were  many  impromptu  tribunals  for  special  cases,  as 
well  as  mobs  and  Indian-fighting  companies.  An  as- 
sociation was  likewise  formed  under  the  denomination 
of  "  The  Minors'  League,"  which  was  not  always  tem- 
perate in  its  counsel  nor  beneficial  to  society  in  ifes 
operations.     There  is  a  vast  difference  in  the  asso- 


613 


POPULAR  TRIBUNALS  OF  UTAH  AND  NEVADA. 


i-Iutiiig  of  the  best  element  of  a  community,  actuated 
l)y  no  personal  ambition  and  possessing  no  political 
aspirations,  banding  for  the  support  of  social  morality 
and  good  order,  for  the  upholding  of  law  and  govern- 
ment in  so  far  as  law  and  government  can  sustain 
themselves,  but  never  harboring  designs  of  tlieir  ovei- 
throw — there  is  a  vast  aifference,  I  say,  between  sucli 
(jrganization  and  the  leagues  of  disaffected  laborers, 
secret  political  societies,  and  the  coalescing  of  lawless 
desperation. 

James  W.  Nye,  governor,  and  superintendent  oi' 
Indian  affairs  of  Nevada,  writes  from  Carson  City 
September  25,  18G4,  to  J.  P.  Usher,  secretary  of  the 
interior  at  Washington,  informing  him  that  "  for  the 
last  live  weeks  this  territory  has  been  in  considerable 
turmoil  and  commotion,  owing  to  apprehended  raids 
from  avowed  disloyalists  from  California  and  this  ter- 
ritory on  the  ))rincipal  towns  of  the  territory  on  tlic 
one  hand,  and  riotous  and  unlawful  proceedings  of 
persons  composing  wliat  is  here  called  the  Miners' 
League  on  the  other.  On  two  occasions  I  found  it 
necessary  to  order  out  the  military  from  Fort  ChurchiJl 
to  the  towns  of  Virginia  and  Carson,  to  be  in  readiness 
to  suppress  or  })rovent  those  anticipated  troubles.  A 
force  of  nearly  three  hundred  cavalry  is  now  on  dutv 
at  Virginia,  ready  to  meet  any  outbreak  of  the  rioters. 
I  have  also  had  to  form  companies  of  home-guards  in 
every  town  in  the  territory,  and  arm  them  to  suppress 
and  subdue  unlawful  yiolence." 

And  again  five  years  later  we  read  in  the  Sacramento 
Beeoi'  the  30th  o'f  September  18G9: 

"Yesterday  aftcnioon  about  three  liuudreJ  and  fifty  members  of  tlio 
Miners'  Union  at  Cold  Hill,  Nevada,  made  a  raid  upon  the  Chinese  laborti-s 
on  the  Virginia  and  Truekee  Railroad.  They  drove  the  Chinamen  away  fmni 
their  work,  but  did  not  attempt  any  personal  violence.  The  sheriff  of  t!ie 
county  and  officers  were  present,  and  contented  themselves  with  reading  tlio 
riot  act  and  watching  the  exploits  of  the  guerillas." 

In  April  18G7,  following  the  Virginia  Trespas.^, 
matters  stood  thus: 

"The  fracas  in  the  Highbridge  saloon,  Belmont,  on  the  18th  has  In  en 


THE  CASE  OF  VAIL. 


613 


latod 
itical 
rality 
vcrn- 

istaiii 
over- 
i  sueli 
lorcrs, 
iwlcss 

ent  of 
1  City 
of  the 
for  tlic 
Icrable 
J  raids 
his  tt'V- 

on  the 
ings  of 

liners' 
[ound  it 

uirchill 

aJincss 

us.  -^ 
n  dut  y 

rioters. 
ards  in 

uppress 

kmento 

lera  of  the 
Ise  labovtra 
]  away  ir<>m 
feriff  of  the 
teading  tbe 

111  has  been 


tli<-  moans  of  impelling  the  people  of  that  place  to  the  resort  which  new  com- 
iiiunitiea  ao  commonly  adopt  for  security  from  ruffianism.  A  vigilance  com- 
mittee baa  been  organized  and  ia  now  making  efforts  to  overtake  those  who 
took  part  in  the  outrage  which  resulted  in  the  death  of  Bodrow  and  aftt  i 
ward  of  Digncn.  A  jail  has  been  constru'^t  .d,  and  two  men  who  imrtieipiitiii 
m  the  abuse  of  a  mining  superintendent  on  the  night  of  the  17th  iiavc  been 
incarcerated,  Russell  and  Bender.  Kight  mounted  men,  a  patrol  appointed  liy 
the  Committee,  are  traversing  the  surroundinc  country  in  quest  of  others 
who  were  engaged  in  the  riot.  Great  excitement  was  occasioned  by  the  im- 
prisonment of  Russell  and  Bender.  Armed  men  were  seen  on  every  hand, 
some  to  resist  the  nimored  hanging,  otiiers  with  tlie  determination  to  stand 
by  the  Committee. " 

One  Vail,  arrested  tor  the  murder  of  his  partner, 
Knox,  while  in  custody  of  the  sheriff  of  Lincjoln 
County  in  July  18G7  on  the  way  to  Hiko,  was  seized 
by  a  company  of  men,  tried  before  a  jury  c^f  twelve, 
<niidenmed,  and  in  an  hour  and  a  half  thereafter 
luinged.  Of  this  affair  the  same  journal  of  July  lJ)th 
says: 

"We  learn  from  Mr  Walsh,  who  arrived  here  from  Belmont  last  evening, 
that  the  mail-carrier  between  Belmont  and  Pahranagat  arrived  at  the  former 
place  <jn  Monday  evening,  bringing  the  news  of  the  hanging  by  the  people 
oil  tlic  previous  Thursday  of  S.  B.  Vail,  the  alleged  murderer  of  Robert  AV. 
Knox.  Vail,  it  will  be  recollected,  was  arrested  a  few  miles  from  Austin  by 
.iii  city  marshal,  W.  H.  Knerr,  on  the  10th  of  .Tune,  and  delivered  to  the 
custody  of  Sheriff  Matthews  of  Lincoln  County.  The  prisoner  was  taken  to 
Belmont,  and  while  theu  steps  were  taken  to  prevent  his  being  carried  to 
Lincoln  County,  but  he  was  finally  delivered  to  Sheriff  Matthews,  who  suc- 
n'cded  in  taking  him  to  where  the  foul  murder  was  committed. 

"VaU  was  taken  from  the  sheriff  at  Logan  Springs  and  carried  to  Hiko, 
tin  miles  distant,  the  county  seat  of  Lincoln,  where  it  appears  they  gave 
him  a  trial  after  the  manner  of  Judge  Lynch.  He  refused  to  make  any  con- 
fession of  the  murder  of  Knox,  asserting  that  he  believed  he  was  in  I'reacott, 
Arizona.  While  he  persistently  denied  the  murder,  he  confessed  that  he  was 
a  horse-thief.  He  was  condemned  to  bo  hanged.  A  piece  of  timber  was  run 
from  the  upper  window  of  a,  building,  to  which  a  rope  was  fastened ;  a  wagon 
containing  Vail  was  driven  alongside  the  house;  the  rope  was  placed  around 
liis  neck,  and  at  a  signal  the  wagon  was  drawn  away,  and  in  a  few  minutes 
the  career  of  a  bad  man  ended." 

In  every  spot  of  the  Pacific  States  where  precious 
metals  have  been  found,  thither  have  flocked  like  vul- 
tures desperate  characters,  who  stirred  up  strife,  ex- 
cited turmoil,  and  caused  the  honest  and  industrious 


\"Ml 


014 


POPULAR  TRIBUNALS  OF  UTAH  AND  NEVADA. 


I 


I 


F- 


iniieli  anxiety.  And  this  was  continued,  gradually 
growing  worse,  until  they  were  driven  out  by  the 
order-loving  element;  for  the  right-minded  of  every 
j»ermanent  community  are  stronger  than  the  evil- 
minded.  The  White  Pine  district  proved  no  exception 
to  this  rule. 

During  the  winter  of  18G8-i)  the  louglis  and  out- 
laws directe<l  their  attention  chiefly  to  driving  from 
tlieir  ground  those  who  held  possession  of  mining 
claims.  So  unbearable  beeame  the  evil  that  the  citi- 
zens of  Hamilton  and  Treasure  City  were  obliged  to 
form  protective  associations. 

It  was  exceedingly^  ilifficult  for  the  miners  to  sub- 
mit to  the  rulings  of  courts  which  wrought  injustice 
to  any  of  their  uumbei-.  They  loved  equity  more 
than  law.  The  people  of  Treasure  Hill,  White  Piiic, 
had  not  long  been  favored  with  a  district  judge  before 
they  |>laced  their  will  in  determined  opposition  to  his. 
One  Stanton  in  August  or  September  1809  sued  and 
obtained  judgment  for  certain  land  which  had  been 
bought  and  improved  by  innocent  third  parties.  Of 
this  land  a  Mr  Fulton  had  bought  a  piece  and  built  a 
house  upon  it,  at  a  cost,  for  land  and  building,  of  some 
fifteen  hundred  dollars.  Fulton  was  willing  Stanton 
should  have  the  land  if  it  belonged  to  him,  but  lie 
thouijht  the  house  bv  rights  belonged  to  himself  And 
so  thought  iiis  neighbors;  for  one  night  forty  of  them 
proceeded  in  a  body  to  the  place,  rolled  the  house 
across  the  street,  and  placed  it  upon  ground  whicli 
did  not  belong  to  Stanton.  The  latter  was  present 
with  friends;  shots  were  exchanged,  but  the  Fulton 
party  was  the  stionger. 

On  the  Ejjfan  and  White  Pine  road  robberies  b(  - 
came  so  fre(pient  that  the  inhabitants  of  that  vicinity 
on  the  27th  of  September  18G9  ealled  a  meeting  and 
organized  the  "Eg/in  Canon  Property  Protection 
Society,"  by  whicli  means  they  hoped  to  curb  tlie 
growing  evil.  .F.  Riley  and  J.  O'Dougherty  in  behiilf 
of  the  people 


of  Egan  submitted  tlie 


followniir  resii 


PROPERTY  PROTECTION  SOCIETY. 


Gi: 


lutions  and  rules  tor  the  ujovorniuent  of  tlio  sociotv, 
which  were  adopted : 

"  Whereas,  Tlie  discovery  of  ricli  mines  of  silver  in  the  Wliite  Piiie  dis- 
trict has  attracted  to  eastci'ii  Nevachi  a  hirge  population,  and  among  them, 
unfortunately,  many  of  the  reckless  and  criminal  adventurei-.s  wlio  float  lialnt- 
ually  from  one  scene  of  mining  excitement  to  another,  and  wlio,  when  they 
find  their  wild  hopes  of  sudden  accpiisiticn  disappointed,  hetake  to  theft, 
robbery,  and  murder  as  a  means  of  supiwrc;  an<l  whereas,  from  tiic  exjiosed 
])Osition  of  many  districts  and  the  sMarsencss  of  settlements  upon  the  prin- 
cipal highways  in  this  county,  there  exist  here  peculiar  facilities  for  the  jter- 
petration  of  robberies  and  the  escape  tif  robbers,  while  t!ie  supineiiess  and 
inefficiency  of  the  executive  officers  of  the  county  an-  sui'li  lu*  to  give,  pnic- 
tically,  full  license  to  crime ;  therefore, 

"Ihnolri'd,  That  the  condition  of  this  county  calls  imperatively  for  a  de- 
fensive organization  of  its  citizens  for  tlie  protection  of  life  and  i>roperty,  and 
f(ir  the  prompt  adoption  of  all  proper  means  to  excite,  and  if  necessary  to 
fiimpel,  the  executive  officials  to  an  active,  efficient,  rigiil,  Jiiid  persi  vering 
discharge  of  tlieir  duties. 

• ' A'eso/c('(/,  That  as  the  first  step  to  the  prevention  and  punishment  nf 
c  rime,  it  is  necessary  that  the  hiw-loving  and  law-a)iidiug  citizens  shall  iiuini- 
lost.  ]jy  suili  organization  as  ours,  tiieir  own  intei'est  anil  deteiniination  in 
regard  to  the  arrest  and  conviction  of  criminals,  tliese  organizations  to  cov- 
respond  and  coiiperiite  for  tlie  aceomplishment  of  these  objects;  and  that 
until  the  state  of  things  wliicli  now  exists  sliall  be  corrected,  all  honest  men 
should  unite,  without  re  [leet  of  party,  to  sustiiin  and  applaud  those  otiicers 
who  honestly  and  sat  is, ''a  <■  tori  ly  perform  their  iluties;  ami  to  defeat  the  re- 
( lection,  and  when  p(  s^ible  efl'ect  the  renifival,  of  those  who  are  inditferent, 
(■orrupt,  or  inelticient. 

"  RVLKS   AM>   ReGULvVTIOXS   OK   Till:    S(M  IKTV. 

■'First,  This  society  will  be  called  'The  J'^gjin  Canon  l'rci[)erty  Protection 
.Society.'  It  will  be  established  for  the  mutual  protection  of  tlie  person  and 
ja-operty  of  each  individual  member  of  the  community  iigainst  the  oiitra,L;es 
<if  highway  robbers,  horse  and  cattle  thieves,  and  dishonest  p.'rsons.  Second, 
llach  member  on  joining  the  society  will  jiledge  iiiniself  to  al)ide  by  its  rnh's 
and  perform  what  thtiy  demand  of  him.  Third,  Tlie  olhctn-s  of  the  society 
will  consist  of  a  president,  viee-jaisident,  secretary,  and  treasurer.  ThcM- 
will  constitute  an  executive  committee.  l''oiirtli,  It  will  lie  the  duty  of  eacli 
member  to  give  prompt  information  to  the  executive  comnnttce,  or  to  the 
president  or  secretary  thereol.  wheni'ver  he  hears  of  the  commission  of  an 
outrage  in  the  district,  or  wlicn  he  has  leason  to  believe  that  uidinown  per- 
sona are  prowling  about  under  suspicious  circumstance.  Fifth,  It  will  l)e  the 
duty  of  the  executive  committee,  th(^  jiresidcnt  or  vice-president  thereof,  to 
jilace  themsclvea  in  immediate  communication  with  the  local  authorities,  and 
in  cooperation  with,  or  acting  under  them,  to  use  every  exertion  and  employ 
every  means  to  bring  the  perpetrator  of  such  outrages,  or  such  suspected  )ier- 
ions,  to  justice.    Sixtii,  Wlien  such  information  >»hall  have  been  tiius  properly 


61G 


POPULAR  TRIBUNALS  OF  UTAH  AND  NEVADA. 


I 


brought  before  the  constituted  authorities,  it  will  be  the  duty  of  the  commit- 
tee to  choose  by  ballot  a  certain  number  of  members  from  the  society,  who  on 
their  part  will  be  bound  by  their  pledge  to  accompany  the  law  officer  or  offi- 
cers, and  to  cooperate  with  them  in  every  step  that  may  be  found  requisite  to 
detect  or  apprehend  such  susjiected  persons.  Seventh,  If  any  property  sliall 
bo  recovered  through  the  exertions  of  the  society,  the  owners  shall  be  requirei  I 
to  refund  to  the  society  a  certain  sum,  proportionate  to  the  value  of  the  prop- 
erty, toward  defraying  the  expense  incurred  in  the  recovery  of  such  property. 
Eightli,  No  person  shall  be  a  member  of  the  society  who  has  not  some  legiti- 
mate business  or  calling  in  the  district;  and  when  admitted  to  membership 
no  cause  other  than  sickness  or  absence  shall  exempt  any  person  from  any  of 
the  duties  of  membership.  Ninth,  There  shall  be  no  admission  fees,  but  to 
pay  the  expenses  of  pursuing  and  prosecuting  offenders  the  executive  com- 
mittee shall  levy  an  asi^essment  on  the  members  when  occasion  shall  arise. 
There  shall  be  no  sjjecial  days  of  meeting  of  the  society,  but  the  members  will 
Ije  convencfl  by  the  president,  or  anj-  member  of  the  executive  committee 
acting  for  him,  when  their  services  shall  be  required.  No  habitual  dninkard 
or  person  of  bad  moral  habits  shall  be  a  member  of  the  society." 

Upon  the  telco'raph  poles  of  Promoiitorv  one  Sun- 
day morning'  in  November  18G9  there  appeared  posted 
a  notice,  signed  hy  the  Committee  of  Vigilance,  warn- 
ing all  loafers,  pimps,  gamblers,  pettifoggers.  thicAcs, 
and  cutthroats  to  quit  the  town  within  twenty-four 
hours,  or  to  prepare  ti>  be  hanged  each  upon  a  tele- 
graph pole.  The  suffering  towns-people  liad  been 
obliged  t(»  resort  to  this  means  to  rid  themselves  of 
a  class  wli(»  were  sapping  society  of  its  prosperity. 
Having  just  organizetl  as  a  permanent  committee  of 
vigilance,  they  were  determined  to  cleanse  their  town 
of  its  moral  impurities  or  decorate  with  a  swinging 
carcass  every  telegraph  pole  within  the  town  limits. 
Neither  trees  nor  himber  were  plcMitiful  in  tliat  vicin 
ity.  The  many  who  availed  tliemselves  of  this  per- 
mission, men  who  suddenly  discovered  urgent  business 
calling  them  to  the  east  or  to  the  west  along  th<' 
road,  some  of  them  unsuspected  liitherto  of  carrying 
guilty  consciences,  it  was  wonderful  to  see.  A  com 
mittee  of  three  was  ai)pointed  l)y  the  Vigilancr 
Committee,  charged  with  power  to  convene  the  entiri' 
body  at  any  moment.  The  time  having  expired,  th«' 
Committee  next  day  visited  every  saloon  and  all  dis- 
leputable  houses,  and  warne<l  the  jiroprietors  again>-t 


VmOIXIA  AND  GOLD  HILL. 


m 


harboring  any  suspicious  persons,  under  penalty  of 
themselves  being  driven  from  town. 

The  following  incident  is  one  of  cold-blooded  and 
unprovoked  murder:  Arthur  Perkins  Hefferman  in 
March  1871  approached  one  William  Smith,  who  was 
standing  by  a  cigar  store  in  Virginia  City,  and  drawing 
his  six-shooter  asked  him  what  he  wanted.  Smith 
replied,  "  I  don't  know  that  I  want  anything."  " How 
do  you  want  it?"  was  Hefferman's  rejoinder,  at  the 
same  time  firing  his  revolver,  the  bullet  penetrating 
Smith's  left  eye  and  coming  out  at  the  top  of  his  Jiead. 
•'I  fetched  him!"  Hefferman  exultingly  exclaimed  as 
Smith  fell.  Then  suddenly,  as  if  the  possible  conse- 
nuence  of  the  deed  had  all  at  once  flashed  upon  him, 
he  added,  "My  God!  I  didn't  mean  it!"  Upon  his 
jirrest  he  said  to  the  officer,  "I  give  myself  up  to  you; 
I  have  killed  a  man;  it  was  an  accidc»it;  I  didn't  mean 
to  kill  him."  He  was  taken  to  jail.  On  the  morn- 
ing of  jSIarch  25th,  at  one  o'clock,  a  delegation  of 
the  Virginia  Vigilance  Committee  numbering  eighty 
armed  men  proceeded  to  the  jail,  and  entering  the 
1  oom  of  the  sheriff,  demanded  the  key  to  Heflerman's 
cell.  This  was  refused,  and  the  vigilants  forced  open 
the  door.  Hefferman  was  led  out  with  the  avenijfing: 
hemp  round  his  neck,  taken  to  the  Ophir  n.ine,  and 
handed  from  a  beam  that  extended  from  one  of  the 
buildings.  The  sheriff  was  exonerated,  and  tlie  public 
\\ere  generally  satisfied  with  the  night's  work. 

This  man  was  born  on  board  tlie  ship  Pcr/ci))^,  which 
sailed  from  New  Vork  the  2(»tli  of  September  I  S46, 
carrying  a  portion  of  that  scaly  crew,  the  Xew  York 
Volunteers.  The  oajitain's  name  was  Arthur;  so  this 
villainous  spawn  of  villainous  antecedents  was  dubbed 
Arthur  Perkins,  and  his  origin  and  crA  weic  alike  bad. 
His  father  was  corporal  of  Company  F  and  liis  mother 
u  sister  of  the  notorious  robber  Jack  Powers,  who  was 
iilso  a  member  of  the  same  Company  F.  It  is  said  that 
"luring  the  year  1871  fifteen  persons  were  diiven  from 
\'^irginia  and  Gold  Hill  by  the  Vigilance  Conunittec. 


1. 


6)S 


POPULAR  TRIBUNALS  OF  UTAH  AND  NEVADA. 


i  ■  ' 


Goorgt'  B.  Kirk,  a  native  of  Fayettu  County,  Mi.s- 
80uri,  cuuiu  to  California  at  an  early  clay.  He  was  a 
desperate  character,  liavinjij  killed  his  uncle  before  he 
left  home.  For  five  years  he  was  in  the  Nevada  state- 
prison  on  a  charge  of  burglary;  during  an  outbreak 
the  warden,  Alexander  Hunter,  was  wounded,  and 
Kirk  was  believed  to  have  shot  hhn.  Afterward  he 
lived  at  Virginia  City,  where  his  cabin  was  head-quar- 
ters for  roughs  and  vagabonds:  he  seemed  to  have  no 
legitimate  business.  At  the  time  of  the  hanging  oi' 
Hefferman  by  the  Vigilance  Committee,  he,  with  sev- 
eral other  des])eradoes,  was  warned  to  leave;  he  did  so, 
but  returned.  Warned  once  again,  he  left,  and  again 
returned,  threatening  to  get  even  with  the  vigilants. 
This  was  his  last  visit,  for  on  the  evening  of  July  1'!, 
1881,  he  insulted  one,  a  stranger  to  him,  but  who 
happened  to  be  a  member  of  the  Vigilance  Conmiittee. 
Tlio  vigilant  notified  his  associates.  Kirk  was  fol- 
lowed t(t  a  saloon,  Maere  he  was  captured;  he  was 
then  talcen  quietly  to  a  trestle-work  at  the  Siena 
Nevatla  mine  and  lianged.  Beyond  theii'  little  circle 
nothing  was  known  of  it  until  it  was  all  over. 

During  the  summer  of  1871  crime  became  rampant 
at  Pioclie,  Nevada,  so  that  it  was  deemed  necessary 
to  organize  a  committee  of  safety.  The  committee 
numbered  about  thi'ce  hundred,  and  Henry  rifles  were 
obtained  with  which  to  arm  themselves. 

Indians  as  well  as  Chinamen  followed  closely  on 
the  heels  of  the  audacious  white  man  in  the  arbitrary 
extermination  of  the  wicked.  Buffalo  J^ill  was  a  bad 
Piute.  He  drank  to  drunkenness;  then  with  a  pistol 
he  shot  another  Piute,  so  that  he  died.  Thus  lie 
was  becoming  quite  civilized;  so  also  were  his  brother 
Piutes  then  fringing  Virginia  City,  for  on  the  .'Ust 
day  of  December  1872  they  organized  among  them- 
selves a  tawny,  reptile-eating  committee  of  vigilance, 
and  seizing  Buffalo  Bill  tiiey  killed  him  very  dead  as 
boys  kill  snakes. 

About  eleven  o'clock  on  the  night  of  June  .'],  1H74, 


INFAMOUS  CONDUCT  TOWARD  NATIVES. 


GIO 


thirty  men  entered  the  jail  at  Belmont,  Xevada,  bound 
the  sheriff  and  his  deputy,  and  hanged  two  prisoners 
named  Walker  and  Mclntyre.  Accounts  of  organiza- 
tions and  executions  might  be  greatly  multiplied  in 
this  narrative,  but  further  illustration  of  the  workings 
of  the  institution  in  this  vicinity  appears  to  me  un- 
necessary. 

At  Belmont,  Nevada,  in  1874  there  was  a  popular 
demonstration,  of  which  the  Belmont  Courier  of  the 
6th  of  June  gives  the  particulars : 

"Between  twelve  and  two  o'clock  on  Thui'sday  morning,  Jack  Walker 
and  Charles  Mclntj're  were  hanged  in  the  county  jail,  with  a  slip  of  jKipcr 
pinned  on  each  of  their  backs  bearing  tlie  inscription  '301.'  IJefore  the 
execution  took  place  Sheriff  Caldwell  and  P.  C.  Turner,  liiis  deputy,  eacli 
occupying  separate  rooms  in  the  court-house,  were  securely  tied,  liands  and 
feet,  and  guarded  for  a  time,  perhaps  ten  minutes,  after  which  they  were  left 
in  that  condition,  unable  to  move.  Sliortly  aftenvard,  however,  night- 
watchman  (iatos,  noticing  movements  that  aroused  his  suspicion,  repaired  to 
the  coui't-housc,  and  found  the  light  usually  kept  burning  in  the  cDurt-room 
turned  down.  He  then  went  to  the  doors  of  the  sheriff  and  deputj',  and  after 
some  little  dithculty  succeeded  in  gaining  access,  and  found  the  two  officers 
securely  tied  and  destitute  of  arni.s.  <  Jates  released  them,  and  the  three  went 
below  and  found  Walker  and  Mclntyre,  each  su.spended,  witli  I'opes  round 
their  necks,  to  the  upper  floor.  Mclntyre  had  been  tried  on  Maj'  Gth  for 
ilrawing  a  deadly  weapon,  not  in  self-defence,  for  which  the  justice  at  the 
tune  iniposeil  a  fine  of  two  Imndred  dollars,  or  impri.sonmcnt  at  the  rate  of 
two  dollars  per  day  until  the  exhaustuig  of  tlie  amount  aforesaid.  Walker 
had  been  taken  into  custody  for  tlie  .shooting  of  II.  II.  .Sutherland  on  the 
moniing  of  the  (ith  of  May,  for  which  otFence  he  was  lield  to  ap|)ear  before  tlie 
next  grand  juiy.  The  two  victims.  Walker  and  Mclntyre,  escaped  from  jail 
during  Monday  night,  and  were  captureil  iind  lodged  in  jail  again  on  AVednes- 
day.  From  all  accounts  these  two  had  taken  the  lives  uf  many  men  in 
diflferent  parts  of  the  country,  and  had  the  re|iutation  of  being  ilesperate 
characters.  Between  the  tinie  of  their  connnitiiient  and  hanging  it  appears 
they  had  made  threats  to  take  life  and  destroy  prf>perty.  Once  they  were  re- 
leased from  custody,  and  from  the  peculiar  framing  of  the  present  jury  law 
their  chances  for  acquittal  were  quite  probable.  It  is  not  our  pur{)08e  to 
justify  the  hanging  of  these  men,  but  in  all  reasonable  probability  to  avoid 
theii-  threats  being  carried  out,  together  with  the  certain  knowledge  of  their 
previous  history,  they  were  thus  summarily  disposed  of.  We  trust  that  all 
other  desperadoes  will  take  warning,  if  there  are  any  in  our  midst,  and  profit 
by  the  example  motle." 

Two  natives,  Tempiute  Bill  and  his  brother,  w^ero 
airested    by    the    Shoshones   in    January    1875    and 


ill 


POPULAR  TRIBUNALS  OF  UTAH  AND  NEVADA. 


brought  to  Belmont.  There  the  .sheriff  took  them, 
and  while  on  the  way  to  Hiko  one  of  them,  Bill's 
brother,  broke  away  and  escaped.  Bill  was  then 
taken  from  the  sheriff  by  the  people  and  conducted 
to  Hiko.  He  confessed  to  many  murders,  one  of 
which  implicated  a  savage  called  Moquitch,  who  was 
sent  for,  and  the  two  hanged.  This  was  not  the 
worst  of  it;  this  is  not  the  disgraceful  part  of  the 
story.  Full  of  rage  and  vile  drink,  after  the  hanging 
of  the  two  aborigmals  the  people  of  Hiko  went  to  a 
camp  near  by  and  massacred  seven  natives,  some  of 
whom  were  guilty  and  some  innocent.  This  was 
most  dastardly;  and  had  the  diabolical  deed  been 
perpetrated  by  savages  upon  whites,  all  the  world 
would  have  lifted  its  hands  in  horror,  and  a  regiment 
of  soldiers  would  have  been  sent  by  government  to 
annihilate  the  nation  to  which  the  murderers  be- 
longed.    How  fortunate  to  be  born  white! 

At  Cherry  Creek,  Nevada,  in  September  1875  a  na- 
tive criminal  was  taken  from  the  sheriff  and  executed 
by  the  people. 

At  break  of  day  the  17th  of  December  1875,  as 
two  men  were  passing  Carson  cemetery  they  saw 
swinging  from  the  gate  frame  the  figure  of  a  man. 
Returning  horrified  to  town,  they  told  what  they  had 
seen,  and  soon  crowds  were  pouring  along  the  road  in 
that  direction.  It  was  ascertained  the  body  was  that 
of  a  noted  desperado  named  Samuel  Burt.  The  om- 
inous number  "601"  pinned  to  the  breast  showed  that 
the  dread  Vigilance  Committee  had  been  abroad  the 
night  before.  Robbery  and  incendiarism  had  been 
prevalent  of  late,  and  in  all  large  villainies  Burt  was 
chief  He  had  been  frequently  ordered  to  leave  town, 
but  had  refused  to  go.  Those  who  hanged  him  were 
disguised.  They  took  him  from  the  Emory  engine- 
house,  where  he  had  been  accustomed  to  sleep  foi' 
some  time  past.  He  made  no  disturbance  when 
awakened  by  the  fearful  summons,  "Get  up  quickly 
and  dress  vourself;  vou  are  wanted."     He  seemed  t<» 


^VINNEMUCCA. 


6-Jl 


realize  all  in  an  instant,  and  did  as  he  was  bade  in  all 
things,  quietly  and  quickly.  It  was  a  good  desperado 
at  the  last. 

About  the  1st  of  July,  at  Ward,  Nevada,  a  native 
having  attempted  violence  upon  a  white  girl  eleven 
years  of  age,  the  citizens  told  his  countrymen  tlioy 
must  attend  to  it,  whererpon  they  took  their  erring 
brother  and  hanged  him ;  and  the  little  white  girl  was 
pacified. 

As  late  as  midsummer  of  this  year,  1877,  both  at 
Winiiemucca  and  Virginia,  as  well  as  in  other  parts  of 
Nevada,  the  Vigilance  Committee  was  still  in  active 
existence.  At  Winnemucca  early  one  morning  in 
July  a  robust  ruffianly  figure  was  found  suspended 
from  the  limb  of  a  dead  tree  in  the  burnt  district  with 
the  cabalistic  "GOl"  pinned  to  his  back.  Between  the 
good  and  the  bad  there  is  eternal  antagonism. 


CHAPTER  XXXIII. 


THE  POPULAR  TRIBUNALS  OF  OREGON,  WASHINGTON, 
BRITISH  COLUMBIA,  AND  ALASKA. 

Justice,  justice :  woo  betides  us  ever3rwhere  when,  for  this  reason  or  for 
that,  wo  fail  to  do  justice !  No  beneficence,  benevolence,  or  other  virtuous 
contribution  will  make  good  the  want.  And  in  what  a  rate  of  teniblo  geo- 
metrical progression,  far  beyond  our  poor  computation,  any  act  of  iujustico 
once  done  by  us  grows;  rooting  itself  ever  anew,  spreading  ever  anew,  like  a 
banyau-trcc,  blasting  all  life  under  it,  for  it  is  a  poisonous  tree !  There  in  )jut 
one  tiling  needed  for  the  world;  but  that  one  is  indispensable.  Justice,  jus- 
tice! in  the  name  of  heaven  give  us  justice,  and  wo  live;  give  us  only  coun- 
terfeits of  it,  or  succedanea  for  it,  and  wo  die ! 

Passing  northward  o\ci  tlnj  forty-second  parallel, 
we  encounter  in  some  localities  new  phases  in  judicial 
affairs.  First  at  Fort  George,  Astoria,  were  the  Pacilic 
Fur  Company;  then  For  a  time  the  Northwest  Com- 
pany were  master  in  all  this  region;  afterward  the 
Hudson's  Bay  Company,  and  finally  American  mis- 
sionaries and  settlers. 

It  was  customary  for  the  fur  companies  to  arrest 
and  try  offenders.  Sometimes  a  native  criminal  would 
be  handed  over  to  his  tribe  for  trial;  or  a  jury  of  men 
about  the  fort  would  be  formed;  or  a  mixed  jury  of 
white  mon,  half-breeds,  and  Indians.  Often  of  their 
own  accord  the  chiefs  would  bring  to  the  white  men 
for  trial  an  offending  member  of  their  tribe;  or  tlu; 
parties  to  a  quarrel  would  leave  its  settlement  to  the 
white  men,  confident  of  their  integrity.  In  all  thest; 
tribunals  Indian  testimony  was  taken  even  against 
white  men.  This  would  scarcely  be  regarded  with 
favor  in  the  United  States;  and  yet  if  within  all  <jui- 
border  there  could  be  found  red  men  or  copper-colore(  I 
who  could  surpass  in  lying  many  of  our  white  wii- 

(622) 


UNDER  FUR-COMPAXY  REGIME. 


(}-23 


iiossos,  particularly  those  about  the  Indian  agencies, 
who  are  most  frequently  called  upon  to  testify  ayainst 
the  Indians,  they  were  indeed  adepts  in  the  art.  Sir 
George  Simpson,  as  head  of  the  Hudson's  Bay  Com- 
pany, in  crossing  the  continent  in  1828,  and  at  other 
times  as  he  went  from  place  to  placi;,  would  hear  and 
<lecide  cases  while  en  route. 

In  May  1813  the  Pacific  Fur  Company  was  robbed 
of  a  silver  goblet  at  Lewis  River.  Tlie  chief  of  the 
tribe  promised  to  look  for  the  offender,  but  did  not. 
The  next  nijjht  the  fellow  was  caught  stealin*^  A 
temporary  gallows  was  erected,  and  the  Indian  was 
hanged  before  the  tribe,  who  agreed  to  his  execution, 
as  the  culprit  was  a  kind  of  outlaw  among  them. 

A  half-witted  American  named  Judge  was  found 
with  his  skull  cleft,  near  Fort  George,  in  May  181."). 
Native  chiefs  were  summoned  and  a  reward  offered.  A 
Clatsop  pointed  out  the  mui'derers — there  were  two  of 
them — at  Killamook  Village,  and  they  were  captured 
and  brought  to  Fort  George.  A  jury  was  formed  of 
gentlemen  of  the  fort,  and  equal  numbers  of  the  prin- 
cipal native  men  and  women.  Witnesses  showed  that 
the  deed  was  in  revenge  for  a  wound  given  to  an 
Indian  robber  some  two  years  before  by  one  of  the 
party  to  which  Judge  belonged,  the  natives  wrongly 
blaming  him.  The  Indian  women  exhibited  more 
acutcness  in  cross-examination  than  the  chiefs.  The 
prisoners  were  found  guilty  and  t;ondemiied  to  be  shot. 
They  objected  strongly  to  being  tie<l  and  to  having  the 
cap  drawn  over  their  eyes,  but  they  were  compelled 
to  submit.  Twenty-four  men  were  selected  by  ballot 
to  shoot,  but  th(!  I'ulprits  were  merely  wounded  at  the 
first  fire,  and  had  to  receive  the  <:ou2)  de  <jrace.  The 
relatives  took  away  the  bodies  lamenting;  and  the 
l)romised  rewards  were  paid  the  natives. 

The  unity,  energy,  and  wealth  of  the  Hudson's  Bay 
Company  gave  them  great  influence  with  the  govern- 
ment, and  often  procured  immunity  from  crimes  com- 
mitted by  their  officials  and  servants. 


siti 


;li 


4 


u 


if 


I 


6'24     OREGON,  WASHINGTON,  BRITISH  COLUMBIA,  ALASKA. 

Peter  Burnett  writes  from  Tualatin  November  2, 
1844,  to  the  Indian  agent  for  Oregon  that  he  had 
"attended  the  last  term  of  the  circuit  courts  in  most 
of  the  counties,  and  found  great  respect  shown  to 
judicial  authority  everywhere,  and  dicl  not  see  a  soli- 
tary drunken  juryman,  or  witness,  or  spectator." 

So  few  were  the  serious  litigations  in  Oregon  that 
when  the  first  circuit  courts  were  held  in  the  four 
counties  only  one  case  of  assault  appeared,  the  punish- 
ment being  a  fine  of  twent3'-five  dollars.  The  highest 
charge  brought  before  an  Oregon  judge  or  justice  up 
to  1845  was  for  fighting  a  duel. 

Jacob,  a  Russian  renegade  who  had  mutinied  t»n 
board  the  schooner  Colonel  Allan,  was  left  a  prisoner 
at  Fort  George,  but  escaped  and  joined  the  natives 
to  rob  the  white  men  and  attack  the  fort.  Tired  of  his 
pranks,  and  afraid  of  his  organizing  more  serious 
movements,  ft)rty  of  the  Fort  George  men  surprised 
the  native  village,  carried  off  Jacob,  and  sent  him  in 
chains  to  Honolulu. 

Mr  Hubbard,  of  Ciiampoeg,  Marion  County,  had  a 
native  wife.  A  neighbor  threatened  to  take  her,  and 
entering  through  Hubbard's  cabin  window  for  the  pur 
pose,  the  latter  shot  him.  Rev.  Mr  Leslie  presided 
as  judge,  and  the  juiy  returned  a  verdict  of  justifiable 
homicide.  Petitions  circulated  at  this  time  stated 
that  theft,  murder,  and  infanticide  were  alarmingly  on 
the  increase. 

Some  time  in  December  1853  an  Irishman  in  the 
service  of  General  Adair,  collector  of  customs  at  Asto- 
ria, Oregon,  robbed  the  safe  of  three  thousand  dollars. 
The  collector  had  left  his  office  for  a  few  moments, 
with  the  key  in  the  safe;  the  Irishman  was  there 
at  the  time,  and  there  could  be  no  doubt  that  he 
took  the  money.  Accused  of  the  theft,  however,  Pat 
stoutly  denied  it.  As  there  were  no  witnesses  in  this 
instance,  he  regarded  a  lie  well  adhered  to  as  much 
better  than  the  truth.  What  should  be  done?  The 
law  could  not  make  him  disgorge,  for  first  the  ofiencc 


TRIAL  BY  Tin:  ROPH. 


6fiS 


must  be  proved,  tlioujj^l*  tlnTo  was,  poilmps,  cirrnin- 
stantial  evidence  suthcient  lor  that;  hut  tlien  l*at 
could  alKord  to  lie  in  [>risoii  some  time  for  tliiee 
thousand  ilollars.  liutlcr  Anderson  was  there  at  the 
time,  ajid  ho  told  the  collector  that  he  would  mana;jfe 
it.  TakiuLj  with  him  a  luunbei"  of  assistants,  lie  con- 
<lucted  the  Irishman  a  short  distance  into  the  wood^i, 
tied  a  rop(^  round  his  n(.'ck  and  threw  one  end  of  it 
over  a  limit,  duj^  a  grave,  drew  ov'er  the  cul[)rit's  face 
a  black  cap,  and  then  told  him  to  say  his  jirayers,  if  so 
great  a  thief  as  he  without  a  priest  could  i)ray.  Pat 
Mas  sceptical  as  to  the  sincerity  of  their  inti  it  ions, 
and  when  Anderson  intimated  that  information  as  to 
the  wlierealjouts  of  the  money  might  stay  proceedings, 
Pat  felt  sure  that  he  was  safe,  and  protested  his  inno- 
cence more  loudly  than  ever. 

"  The  thing  must  be  done,"  said  Anderson.  "Hoist 
away,  boys  I"     And  up  went  the  Irishman. 

"Stop!"  cried  Anderson;  "  lot  him  down  a  moment." 

Wiien  Pat  could  balance  himself  upon  his  feet  An- 
derson asked  him,  "Are  you  sure  you  cannot  t^ll  us 
where  the  money  is:"' 

"Oh  Jasus!"  cried  Pat;  "oh  holy  mither  of  ( Jod! 
I'm  sthrangled!  As  I  hope  to  be  saved, I  Icnow  nothing 
of  the  money.    Oh!  plase,  ]\Ir  Anderson,  let  mi;  <.;•<)  1' 

"No  use,"  said  Anderson  as  if  talking  to  himself; 
"I  thought  perhaps  ho  miglit  like  to  live.  String  him 
up  again." 

Again  Pat's  fe-et  left  the  firm  earth;  again  that  hor- 
rible sensation;  thick  blackness,  phosphorescent  light, 
the  hot  blood  rushing  in  torrents  to  the  brain,  an  un- 
<'ertainty  as  to  whether  the  neck  was  yet  unbrolcen-- 
;ill  this  as  the  Hibernian  W(!nt  uj)  and  down  again. 
The  joke  was  becoming  serious  to  the  suiferer.  J'iVeu 
if  they  did  not  mean  it,  the  fun  was  not  })leasant ; 
and  then  they  might  hold  him  up  a  moment  too  long. 
Alreatly  he  had  thought  much  of  his  mother  and  sister, 
wliom  he  had  hoped  to  make  rich  in  the  sweet  ]]meiald 
Isle;  already  his  neck  and  head  felt  very  <pieer,  au<l  so 

Poi'.  Tbib.,  Vol.  I.    10 


r  } 


'I 


rill 


c:n   oRi:c;ox,  WAi^iiixcTOX,  britisii  columdia,  Alaska 


S 


hot,  and  licavy,  aad  soro.  And  tlion  his  soul:  to  j^o 
hcnco  a  thic't'  uiishriven,  what  wcmhl  h(!eomo  of  liiiii  ^ 
il(!  would  not  risk  it  a  third  tiuu;  for  tlirou  thousand 
tlollars,  nuich  as  lu)  coveted  tho  niont-v.  So  he  tokl 
Anderson  where  he  had  hidden  it,  and  was  released 
from  the  hempen  remedy. 

Prior  to  lHr)2  justices  of  the  peace  elected  hy  th" 
people  held  almost  unlimited  jurisdiction,  there  luin;; 
in  most  localities  no  available  court  ol'a{)peal.  liel'orc 
January  of  this  year  there  was  no  county  orj^ani/atioii 
st)uth  of  the  Calapooya  ^lountains;  and  although  in 
tho  sunnner  of  1 852  rich  <^old-diLj'j^in,t(s  were  discovered 
on  Jackson  Creek  where  now  stands  Jacksonville,  no 
higher  court  than  the  lowest  was  held  in  that  rei^ion 
until  the  year  following. 

The  miners  of  Orej^cjii  wore  in  no  wise  behind  those 
of  California  in  brii^htness  of  intellect  antl  resource  in 
cas(^s  of  emergency.  The  offer  of  free  lands  to  actu.il 
settlers  by  the  government  in  1850  drew  thither  from 
the  western  bolder  and  from  the  New  luigland  states 
a  hardy  and  independent  population,  more  st:iid  and 
substantial,  if  anything,  than  the  mercuri  d  goM- 
hunter  of  California.  These,  on  the  discovervof  tiold 
on  .lackson  Creek,  Hocked  to  the  new  njines  to  fill 
their  pockets. 

A  justice  of  the  peace  had  been  elected  for  flii^ 
district  just  before  the  discovery  of  gold,  liogors  was 
his  name^ — a  lean,  crab!)ed,  sinister-eyed  man,  wit!i 
neither  discernment  nor  honesty.  lie  did  well  enouuli. 
however,  when  there  was  no  business  to  be  brought 
before  him,  and  for  a  time  after  the  congregating  <>t' 
the  miners  he  i)assed  nmster,  that  is  to  say,  until  lie 
was  needed  and  known. 

A  case  arose  in  the  autumn  of  1852  which  brou<i!it 
judicial  affairs  at  Jacksonville  to  a  crisis.  Two  mint!  ;. 
Sprenger  and  Sims,  appeared  before  Rogers  in  a  suit 
for  the  settlement  of  partnership  in  a  mining  claim. 
It  appears  that  v/hile  Sims  was  absent  at  Porthnul 


ULTIMATE  AI'PI:AL. 


tsr 


purcliasiiiijf  supplies  with  partnership  funds,  Spre:!;^'(r 
met  with  an  aceitUjut  while  workinj^  the  <'laini,  which 
laid  him  up.  When  Sims  returned,  lindiiiji;  his  |)art- 
mr  a  hel[)less  cripple,  and  likely  to  he  a  huideii  U[K)n 
him,  ho  arhitrarily  dissolved  the  partnership  and  ap- 
))r()priate<l  the  property  to  himself ;  and  lest  his  part- 
ner should  recover  his  ri<^lits  in  court,  he  won  to  his 
way  of  thinkiiiij  the  only  mat^istrate  in  the  district, 
and  so  felt  secure.  Sprenger  summoned  to  his  aid  a 
fellow-miner  named  Kinney,  who  ]>resented  the'  case 
heforo  Justice  Koj,^(;rs  fairly  and  with  no  little  skill. 
Law  and  equity  were  hoth  in  favor  of  his  client,  and 
this  was  mad(i  ))lain  hy  Kinney ;  hut  the  eyes  of  justices 
weredinuncd  hv  Sims' ijold-dust  scattei'ed  hefoj-ethem, 
so  that  they  could  not  sec.  S[)ren^er  lost  his  <'ase, 
and  a  new  trial  was  <lenied  him;  tlu;  poor  cripple  in 
his  distress  talked  to  his  friend  Prim  ahout  it,  who 
bt'inuf  somewhat  of  a  lawyer,  consulted  several  times 
with  Kinney.  Pnm,  thoujjfh  a  miner  now,  was  after- 
ward chief-justice  of  Orej^on. 

"  It  is  all  wrontj:,"  said  Kinney  on  one  of  these  occa- 
sions;  "I  believe  in  sinn)l()  straij^htiorwardness  in  h^T.l 
matters,  and  in  the  court  of(jrii,nnal  iurisdiction  Ixiir' 
likewise  the  court  of  ultimate  aj)peal,  hut  this  oju'ii  and 
barefaced  rascality  shakes  my  faith  in  thetsries." 

"There  is  no  such  thin<'  on  this  earth  as  ultimate 
a[)peal,"  replied  Prim;  "that  is  found  alonis  in  the  be- 
yond. The  farthest  back  we  can  jjfo  is  to  the  sourct; 
of  law,  the  omnij)resent  power  of  the  peopli;.  Th.at 
power  is  here,  as  indeed  it  is  in  every  society,  the 
central  idea  and  cohesive  force." 

"All  right,"  exclaimed  Kinney,  half  in  jest  and  half 
in  earnest,  "let  us  a[)peal  to  that  power  in  this  case.  ' 

"We  can  do  it — we  will  do  it!"  replied  Prim,  waxing 
warm.  "  W^ho  made  this  scoundrel  judge?  The  pcoi)le; 
and  if  the  people  possess  the  })ower  to  aj>point  one 
man  to  hang  anotiier,  may  they  not  make  a  court 
high  enough  to  hang,  if  need  be,  ant)thor  court  which 
ihey  have  made?     1  tell  you,  Kinney,  within  tvventy- 


C2S    OREGON,  WASHIXGTOX,  BRITISH  COLUMBIA,  ALASKA. 

four  liours  I  will  have  hero  such  a  court  of  appeal  as 
will  teach  Orofjon  and  the  world  a  lesson  throutxhoiit 
all  ages — a  lessson  inscribed  in  the  beginning  upon  the 
hearts  of  men,  but  which  is  just  now  beginning  to  be 
read,  that  over  before  all  statutes  and  constitutions  is 
the  unwritten  law  of  man." 

This  was  Saturday.  The  morrow  would  bo  the  day 
of  all  others  for  the  organization  of  the  novel  tri- 
bunal, the  court  which  was  to  try  a  court.  Sprenger 
was  notified  by  his  two  friends  of  the  course  detei- 
niined  upon,  and  directed  to  summon  the  people.  This 
was  done  by  posting  on  a  tree  standing  in  the  main 
street  of  Jacksonville  the  following  notice : 

"  Whereas,  the  justice  of  the  peace  for  the  town  of  .laukaonville  has  reii- 
(lerotl  against  nic  an  unjust  ilecision,  I  liereby  give  notice  that  on  Suudiiy 
morning  next  at  eleven  o'clock,  at  this  place,  I  shall  cany  an  appeal  to  the 
supreme  court." 


Likewise  during  the  afternoon  of  Satunlav  Sprenger 
took  occasion  to  visit  the  several  claims  ami  camps  i  i 
the  vicinity,  requesting  the  attendance  of  all  <>n  tlie 
following  morning  to  decide  a  matter  of  right  and 
wrong  in  which  he  was  involved. 

S[>renger's  case  was  well  known  to  the  miners,  and 
the  present  appeal  of  the  unibrtunate  <'i-ipple  was  by 
no  means  in  vain.  Long  before  the  appointed  hour 
men  were  seen  coming  in  from  every  direction,  and 
soon  a  vast  crowd  had  gathered  r<Hind  the  tribuuiil 
tree.  Aj)proaching  the  not:<'e.  thiy  read  it,  then 
looked  around  \n  wonderment.  More  came,  until  ovci' 
a  tliousand  had  gathered  there.  Presently  Sprengi  r 
made  his  ap])earance. 

"Where  is  your  supreme  court'"  asked  one  of 
Sjircnger,  beginning  to  thiidc  tlie  atlliir  a  joke. 

"There I"  said  S[)reng^'r,  waving  his  hand  before 
the  assembled  host,  "there  is  the  supreme  court  et' 
Jackscmville." 

Kinney  and  Prim  then  came  forward  and  confirmed 
what  S|)renger  had  said.     They  were  honest,  manly 


A  COURT  TO  TRY  A  CX)URT. 


C29 


men,  these  two  miners,  educated  and  thoughtful,  and 
tliey  were  now  workini;^  for  no  pecuniary  fee.  In  them 
the  miners  liad  the  utmost  I'aitli,  and  united  the}' 
could  carry  almost  any  point  tliey  pleased,  for  they 
pleased  to  do  nothing  but  the  right. 

"  Yes,  gentlemen,"  said  Prim,  as  ho  called  the 
meeting  to  order,  "you  aie  the  supreme  court.  Yoa 
have  here  in  Jacksonville  law,  but  not  ecpiity.  Seated 
ill  the  judicial  chair  which  you  have  made,  in  the  fair 
somblauce  of  truth  you  have  cheating  and  corruj)tion. 
If  after  seeing  what  we  shall  place  before  you  thi.-J 
day,  with  all  substantial  [)roof,  your  maj.;i.:irate  re- 
mains in  office  another  hour,  you  are  not  the  men  I 
take  you  to  be." 

Kinney  then  i)roceeded  to  organize  of  those  present 
a  tribunal  of  justice.  Hayden,  a  genuine  Connecticut 
Yankee,  subsequently  for  twenty  years  recorder  in 
one  of  the  chief  towns  of  southern  Oregon,  was  called 
ti>  preside;  a  sherilf  and  a  clerk  were  likewise  chosen, 
and  the  ]»eo})le  were  ready  for  business. 

First  Rogers  was  ordered  to  appear  and  answer 
to  tlie  cliJirge  of  malefeasance  in  office.  This  ]\v  re- 
I'lised  to  do,  not  recogiiiziiig  the  authority  summoning 
liini.  Yeiy  well;  lor  the  jjiesent  tliey  would  get 
alaiig  without  him.  He  might  be  glad  to  plead  to 
that  tribunal  befoi'e  the  day  was  past.  Sims  answi'ied 
immediately  the  iirst  call;  he  knew  too  well  the 
temper  of  his  fellow-miners  to  attempt  to  trille  with 
tliem.  He  felt  the  power  of  the  popular  tril)unal, 
1  hough  the  stubl)orii  Rogers  affected  not  to  realize  its 
weight. 

A  jury  of  twelve  was  selected;  witnesses  were 
siib[)a'nae(l,  and  the  case  of  Spri^nger  regularly  re- 
opened. Sims,  with  his  hi'iieliman  Jacobs,  a  promising 
young  lawyer  from  Michigan,  and  subseipiently  cliit't- 
justice  of  Washington,  fought  the  evidence  ineli  by 
inch,  as  if  tlieir  lives  depended  upon  the  issu«'.  In  that 
assemblage  they  well  knew  that  law  and  legal  ver- 
hiago  had  little  weight;  they  must  come  down  to  the 


.i. 


i-  k.  I 


CSO     OREGON,  WASHINGTOX,  BRITISH  COLUMBIA,  ALASKA. 


principles  of  simple  truth  and  justice,  in  which  com- 
modities, unfortunately,  their  side  was  lacking. 

The  evidence  over,  an  eloquent  appeal  on  either 
side,  and  the  case  was  submitted  to  the  jury.  In  his 
(•liarge  the  president  instructed  the  twelve  that  they 
might  divest  the  subject  of  the  legal  technicalities  in 
which  the  counsel  for  the  defence  had  attempted  to 
cloud  it,  and  judge  it  purely  upon  its  merits,  being 
governed  only  by  the  sacred  principles  of  right. 

There  was  not  the  slightest  difficulty  in  finding  a 
verdict  for  Sprenger;  the  trouble  was  what  to  do 
with  Sims  and  Rogers.  Some  were  in  favor  of  hang- 
ing both  of  them,  while  others  were  satisfied  witli 
lianging  one,  although  upon  the  question  of  which 
should  be  that  one  there  was  a  division.  Finally 
Sims  was  let  off  by  making  full  restitution  and  rein- 
stating Sprenger  in  all  his  I'ights.  But  this  mild 
punislnnent  only  tended  to  concentrate  wrath  against 
Rogers,  the  unjust  judge.  Louder  and  louder  grew 
the  ominous  nmrnuu"  that  j)resages  po[)ular  outbreaks. 
Ilayden  saw  it  coming;  so  did  tlie  three  attorneys. 
The  scale  of  Rogers'  destiny  was  ready  to  turn  u  1)011 
a  feather's  weight.  His  life  was  scarcely  woi'th  a 
I)ewter  dollar.  Already  cries  of  "Hang  the  scoun- 
drel I"  "String  liim  up!"  were  lieard  on  every  side, 
and  the  crowd  began  their  dreadful  surge  in  liis  direc- 
tion, when  Prim,  Haydeii,  Jacobs,  and  Kinney,  all 
with  one  accord  threw  themselves  into  the  now  deeply 
agitated  mass  of  humanity  and  begged  them  not  to 
mar  that  fair  day's  work  by  so  foul  a  crime.  Tiu  y 
were  successful;  the  unjust  justice's  life  was  spare*!, 
but  only  on  condition  that  he  should  inunediately  r( 
sign,  which  he  was  but  too  glad  to  do. 


One  day  in  November  18G2  John  Desmond  iiml 
William  Lybia,  Americans,  were  sitting  at  a  table  in 
a  saloon  in  the  town  of  Auburn,  Oregon.  Toni  tlic 
Spaniard,  a  desperado  well  known  throughout  tlio 
Powder  River  region,  entered  and  proposed  a  gaiuo 


TOM  THE  SPANIARD. 


631 


of  poker.  The  Americans  consented,  but  on  clcalin«r 
the  cards  the  Spaniard  had  not  the  money  wherewith 
to  ante.  The  Americans  then  rose  from  the  table; 
the  Spaniard  appHed  to  them  abusive  epithets,  to 
which  the  others  retorted.  Quick  as  a  flash  the 
Spaniard  drew  a  knife,  stabbed  one  to  the  heart,  and 
then  attacked  the  other.  After  a  prolonged  scuflK^ 
the  Spaniard  likewise  stabbed  this  man  to  death,  and 
then  departed.  The  barkeeper,  the  only  witness  of 
the  affray,  seemed  in  no  haste  to  spread  the  intelli- 
gence, and  the  sheriff  did  not  know  of  it  until  next 
day,  so  that  the  nmrdorer  had  every  opportunity  to 
escape.  Nevertheless  the  sheriff,  with  several  parties 
of  citizens,  started  in  pursuit.  After  two  days'  search 
the  Spaniard  was  arrested  by  two  men  from  ^Monaou 
]>asin  and  brought  back  to  Auburn.  The  <|Uo.sti()U 
then  arose  what  should  be  done  with  him,  and  grad- 
ually amidst  much  lukewarmness  and  some  opposition 
tluy  concluded  that  the  man  should  be  hanged.  Tlio 
sheriff  confined  the  piisoner  in  a  saloon,  and  with  a 
sv  •:)))(  guard  within  and  without,  declared  he  would 
kcijp  his  charge  at  every  hazard.  Thus  passed  tliu 
night  after  his  capture.  Next  morning  miners  IVoni 
the  sui'iounding  camps  began  to  come  in,  and  grailu- 
ally  the  fiiction  of  ideas  produced  considerable  excite- 
ment, the  result  of  which  was  a  strong  determination 
on  the  pai't  of  the  people  to  Jiang  the  prisoner  in- 
stantly. At  eight  o'clock  in  the  niorning  the  throng 
nbout  the  saloon  was  tlense.  One  Kirkpatrick  mounted 
a  stump  and  addressed  the  people,  advocating  the 
side  of  law  and  order.  ]le  was  followed  by  a  ^Ir 
Johnson,  who  nrgu^'d  that  the  law  could  not  or  would 
not  puni'<h,  and  that  the  people  shouhl.  Otiieis  fol- 
lowed, sustaining  him.  jNIany  of  those  in  the  assembly 
who  were  unarnjed  wi're  now  seen  proceeding  for  tiieir 
rilles,  and  the  fate  of  the  Spaniard  fast  assumed  fixed- 
ness. 

Justice  Abell  tliat  day  held  court  on  a  hil^-side 
west  of  the  town  in  the  open  air.      A  Strang  ■  mix- 


G32     OREGOX,  WASHINGTON,  BRITISH  COLUMBIA,  ALASKA. 

ture  of  law  and  disorder  were  some  of  these  border 
trials.  The  law  was  not  strong  enough  to  do  much; 
and  wliilo  the  people  came  to  the  assistance  of  law, 
the}'  could  not  bring  themselves  to  do  things  in  the 
legal  formal  way.  They  could  get  along  very  well 
through  the  forms  of  trial,  the  taking  of  evidence,  and 
tlie  determining  the  guilt  or  innocence  of  the  prisoner. 
That  was  necessary;  that  was  only  fair-[)lay.  But 
when  it  was  dec-ided  that  a  man  was  guilty,  they  could 
not  see  why  he  shoulil  not  be  executed;  and  when  they 
had  anything  to  do  with  it  they  usually  condemned 
and  executed.  For  that  purpose  had  they  left  their 
work.  Thus  it  was  in  this  instance.  The  people  of 
Auburn  had  a  justice  of  the  pcivce,  and  they  might  as 
well  use  him;  but  whatever  should  come  of  the  justice 
of  law,  this  nmrderer  should  hang.  On  this  ]iill-si(K', 
with  a  big  bowlder  for  a  speaker's  desk  and  a  smaller 
one  f(  »r  the  clerk's,  justice  held  her  court.  Before  Abeil 
the  i)ris()ner  was  brought,  and  the  multitude  gathered 
round.  As  the  evidence  was  being  taken  it  wa;> 
written  by  the  clerk  and  then  read  aloud  to  the  au- 
seniljlage.  The  jjeople  present  then  apj)ointed  a  jm-y 
to  decide  from  the  evidence  the  guilt  or  innocence  of 
the  accused.     Their  verdict  was  "  Guiltv  of  numler. ' 

"Shall  the  prisoner  remain  in  the  hands  of  the  civil 
authorities?"  was  then  asked. 

"Xol"  was  the  rtjply,  in  a  terrific  yell,  which  rexiT- 
berated  among  the  hills. 

Then  arose  the  sheriff  and  said  that  he  sliould  de- 
fend the  prisoner,  and  recommended  those  pT'esent  to 
behave  m  a  manner  becoming  gO(>d  citize-ns.  }£l'  was 
followed  by  (}.  C.  Bobbins,  and  the  cahi)U<3.s.s  witli 
which  he  was  listened  to  as  he  advocated  unid  meas- 
ui*es  encouraged  the  lovers  of  law  in  the  hope  th;it 
the  company  would  disperse  witiiout  doing  violenc. 
But  it  was  only  the  lull  before  the  storm. 

Suddenly  a  rush  was  made  for  the  Spaniard.     TIk; 
slicriii'and  his  men  closed  round  liim,  and  the  struggl* 
became  hot.    It  is  worthy  of  remark  in  ail  those  con- 


A  FRATERNITY  OF  CRIME. 


fljcts  between  the  officers  of  the  law  and  the  people 
that  great  care  is  taken  on  both  sides  to  avoid  seri- 
ously injurin*:^  each  other.  Knives  and  pistols  were 
not  the  weapons  used  in  seizing  a  prisoner;  that  is  to 
say,  the  use  of  deadly  weapons  would  be  the  last  re- 
sort. Thus  it  was  that  Whittaker  and  ^EcKenzio 
were  permitted  to  go  with  the  sheriff  of  Sun  Fran- 
cisco. The  people  had  no  desire  to  hurt  the  autliori- 
ties  for  doing  their  duty.  Nor  did  the  slier i if,  as  a 
rule,  blame  the  people  or  question  their  right  to  do 
as  they  did;  only  the  low,  his  mistress,  was  a  jealous 
jade,  and  must  be  wooed  coercively. 

In  this  instance  during  the  melee  tlierc  won.'  hoard 
cries  of ''Shoot!"  "Don't  shoot!'  followed  by  several 
shots.  The  result  biiing  that  three  men  were  shot, 
l)ut  not  seriously,  by  friends  of  the  prisoiuT.  One 
Mexican  after  firing  took  to  his  heels,  followed  by 
twenty  or  thirty  men,  who  shot  him  dea<l.  Then  as 
the  dense  mass  surged  and  parted,  the  ]>risoner  was 
discovered  in  the  liamis  «)f  the  now  madly  infuriated 
j)eople,  who,  seizing  him  by  the  chain  attached  to  his 
ankle,  ron  down  the  hill,  dra<jfL!in<_»:  him  after  them.  On 
ivaching  Main  street  a  rope  was  thrown  i-ound  his 
neck;  a  hundred  men  laid  hands  on  it,  and  ran  with  it 
jilxjut  half  a  mile  i'arthor  to  a  tree,  where  they  pullt^d 
liiiu  Uji;  but  the  man  was  dead  long  before  the  body 
was  hanged. 

The  officers  of  Yamliill  County,  Oregon,  in  the 
spring  of  18G5  boasted  their  liundred  thieves'  dis- 
covery. The  weakness  of  these  outlaws  was  horses. 
Desperate  oaths  bound  them;  though  what  is  worth 
liis  oath  who  steals?  Orii)S  and  passwords  n>ade 
them  known  to  each  other.  The  hainits  of  tins  fra- 
tiTuity  were  along  Koguc;  River  and  tlu;  Umi>({ua  and 
Willamette  valleys  from  Califoriiia  to  Idaho. 

George  Fry,  living  on  the  Umatilla  Kivi-c,  was 
subject  to  periodical  tits  of  insanity.  Wliilc  suilering 
severely  from  an  attack  of  ty[)hoid  pni;umonia  he  was 


m 


C34     OREGON,  WASHINGTON,  BRITISH  COLUaiELV,  ALASKA. 

seized  with  the  fancy  that  his  brother-in-law,  William 
Stoughton,  a  kind-hearted  and  highly  respectabk; 
man,  at  whose  house  Lu  was  carefully  tended,  had 
poisoned  him.  So  strongly  possessed  of  this  halluci- 
nation was  he  that  he  insisted  upon  his  removal  from 
Stoughton's  house  to  the  residence  of  Doctor  Mar- 
quan,  his  physician,  who  immediately  examined  him 
and  pronounced  him  poisoned.  "If  I  am  poisoned, 
Stoughton  has  done  it!"  Fry  exclaimed,  "for  he  is  the 
only  one  who  has  given  me  medicine."  Thereupon 
Marquan  circulated  the  report  throughout  the  neigh- 
borhood that  Fry  had  been  poisoned  by  Stoughton. 
On  the  night  of  the  23d  of  February  18GG  fifteen  or 
twenty  persons  took  Stoughton  from  his  house  uiitl 
hanged  him  upon  a  tripod  formed  of  three  rails  taken 
from  a  fence  near  by.  Several  persons  were  indicted 
for  the  nmrder  after  it  had  been  proved  beyond  qu(^8- 
tion  that  not  a  particle  of  poison  had  been  adminis- 
tered the  insane  invalid. 


The  two  worst  thieves  and  murderers  west  of  tlu; 
Kooky  Mountains  were  |)erhaps  Owhi  and  Qualchicii, 
father  and  s(m,  chiefs  of  the  Yakima  tribe.  For  years 
they  had  kept  the  whole  country  in  confusion,  and 
had  great  iniluenoe  over  tribes  accustomed  to  revolt. 
()i)  the  24tliof  September  1853  Qualcliicn  was  guided 
l)y  nil  <iieiiiy  into  the  hands  of  the  troo[)s  at  Spokane, 
and  was  speedily  run  up  to  the  braneli  of  a  tree,  he- 
having  ho  cowardly  as  to  be  disowned  by  his  fatliei', 
wh(j  was  als(j  a  priH(jner.  The  latter  was  shot  while 
trying  to  escape. 

T]ie  grand  jury  of  Walla  Walla, reporting  in  Novem- 
l)er  18G2,  regard  with  evident  satisi'action  their  un- 
com])leted  though  oceupic^d  jaih  "The  huihhng  stand  ^ 
on  the  public  s(|uare,"  they  say,  "in  a  pleasant  j)<»r- 
tion  t»f  the  city,  and  lias  all  the  natural  advantages  of 
a  line  (•ireuliding  atnios])here.  The  p)Isoncrs  say  thev 
are  well  led  and  propeily  cared  for,  and  exjiress  en- 
tire satisfaction  with  their  treatuient."    Altotifcthcr  a 


WALLA  WALLA. 


635 


pleasant  place  in  which  to  spend  the  summer;  only 
the  accommodations  arc  inadequate  for  the  rapidly 
increasing  number  of  guests.  Among  its  other  atl- 
vantages  tiie  WaHlntxjton  Statesman  of  the  30th  of 
]May  18G3  assures  felons  at  large  that  "prisoners  con- 
iined  in  this  structure  have  never  had  any  trouble  in 
n^aking  their  escape  from  it  when  they  wished  to  do 
so."  Hence  it  is  not  surprising  a  month  later  to  iind 
the  farms  of  Coppei  and  Touchet  stripped  of  their 
horses,  and  seven  thieves  sending  them  word  from 
Snake  River  that  with  three  revolvers  each  they 
stand  ready  to  defend  their  nev.ly  acquired  property. 
Vigilance  associations  had  been  formed  in  every  set- 
tlement and  mining  camp  of  eastern  Oregon  and 
Washington  and  western  Idaho  and  Montana — of  all 
that  region  affected  by  the  Boise  mines — exce[)t  Walla 
Wallo  Valley,  where  thei-e  was  no  organization.  As 
soon  as  it  was  noised  among  the  brotherliood,  they 
swarmed  like  locusts  in  tliis  vicinitv.  ]\[edita.tini^ 
upon  which  the  men  of  Co[)pei  and  of  Touchet, banded 
lor  }>uri)oses  of  wiw  on  ci-jnie,  and  (lignilying  their 
conijjact  by  the  term  vigilance  committee,  started  for 
Snake  liiver.  There  the  owners  recovered  tlu;ir 
horses,  but  the  onlv  braves  of  tlu^  twenty-one  re- 
volvers  then  present  wei-e  William  Ihmtou  and  Club- 
foot George,  and  these  niridi;  good  their  e.seapi,'. 
Afterward  Uunton  rode  boldly  iisto  Walla  Walla,  and 
although  the authoiities knew  him, and  knew  him  to  bo 
there,  they  perniitt(xl  him  to  esca[)e,  wli(>reat  the  men 
of  C^oppei  and  of  Touc.'hcst  were  very  indignant,  and 
opene.l  a  lire,  rt'gardless  of  gtaiuniar,  tlirougli  the 
<'olunuis  of  the  St<tt('s)i)(.tn,  to  whieii  the  sherilf  re[)lied 
ill  current  slang  no  less  ivllned. 

When  Fort  Walla  Walhi  was  the  centre  of  a  savage 
wilderness  all  was  ordeily,  and  as  a  I'ule  ])eaeel'iil  and 
safe.  When  near  the  fort  th<'  homes  of  settlers  i)ei>a;i 
to  cluster, and  the  adlacenl  vallevs  were  dotted  with  the 
white  man's  cabin,  tlie  ailvantage  of  bloody  «  neounter.^ 
amony:  human  beings  was  not  recoLinizeil.    liut  when 

o  o  n 


636    OREGON,  WASHINGTON,  BRITISH  COLUMBIA,  ALASKA. 


the  mines  of  Idaho  and  Montana  opened  a  route  to 
that  region  by  way  of  the  Pacific  Ocean  and  up 
Coknnbia  River  to  Wallula,  and  Fort  Walla  Walla 
became  a  point  of  departure  for  Boise  and  Lewiston, 
and  an  entrepot  for  miners'  supplies,  the  gold-god  then 
assumed  his  sovereignty,  and  with  attendant  fiery 
drink  and  deadly  weapons  wrought  hate  and  bloody 
prrdemonium.  Patrol  and  vigilance  organizations 
followed  as  a  matter  of  course.  How  should  a  gov- 
ernment capable  of  holding  in  check  three  or  five 
thousand  drinking,  blaspheming  adventurers  of  un- 
harnovssed  tempers  rise  in  the  forests  or  drop  upon  the 
plain ! 

During  the  first  half  of  18G5  the  city  and  valley 
were  more  than  usually  infested  by  thieves  and 
vagabonds.  The  jail  was  well  nigh  useless  as  a  place 
of  incarceration,  and  tlio  lavv'  was  utterly  inaduijuato 
to  protect  life  and  property.  The  people  were  divided 
as  to  the  right  or  necessity  of  tlie  vigilance  organiza- 
tion then  existing.  Upon  the  affidavit  in  A[)ril  of 
one  Dutch  Lewie,  who  affirmed  that  ho  had  been 
taken  from  his  bed  by  vigilants  and  partially  hanged 
in  order  to  make  him  tell  what  he  di«l  not  knov.',  and 
confess  to  what  lie  had  not  done,  five  persons  wei-e  ar- 
rested, ibur  of  whom  v/cre  immediately  discharged  and 
the  other  held  to  answer  the  charge  of  assault  witli 
intent  to  do  bodily  injury.  Again  about  the  same 
time  a  half-drunken,  boastful  v'gilant  was  seized  by 
tlie  opposing  party,  calling  themselves  law  and  order, 
perlia[)s  in  irony,  taken  to  a  room,  and,  a  handker- 
chief tied  round  his  neck,  clioked  in  the  endeavor  t<> 
extort  the  names  of  the  members  of  the  Vigilance 
Conunittee. 

])uring  the  winter  of  I8G4-0  the  residents  along 
the  Walla  Walla  River  came  together  as  one  man, 
and  organized  a  vigilance  associatit)n,  so  that  they 
miglit  rid  theniselves  of  tliose  that  preyed  upon  them. 
Among  other  regulations  the  mniestic  red  inpn  was 
ordered  not  to  loaf  in  that  vicinity.     To  hib  kennel, 


\VIIOLESALE  HANGING. 


037 


the  reservation,  he  was  directed  to  ^o  by  tliis  latter- 
day  liberty  despot,  and  there  t>  eat  the  crumbs  of  civ- 
ilization and  dream  of  the  time  when  he  too  ordeied 
stragglers  off  his  parks  and  hunting-grounds.  This 
committee  began  by  requiring  all  bad  characters  to 
leave.  Those  that  disobeyed  they  hunted  to  the  death. 
One  Goudron  was  re(iuired  to  depart.  Charles  Fancy, 
a  half-breed,  was  caught,  and  the  question  being  put  if 
he  should  be  hanged,  a  majority  of  three  voted  in  his 
favor.  He  was  not  long  in  quitting  those  paits  when 
freed.  A  horse-thief  was  followed  into  the  Blue  ^loun- 
tains,  near  the  source  of  the  Umatilla  River,  in  April 
18G5,  where  he  was  captured  and  hanged. 

The  actions  of  the  Walla  Walla  Connnittee  about 
this  time  speak  for  themselves.  Sunday  morning, 
the  IGth  of  April  18(55,  a  cattle-thief,  McKensie,  was 
found  just  below  the  town,  near  the  race-track,  hang- 
ing to  a  tree.  On  ^tonday,  the  1 7th,  Isaac  Reed  and 
William  Wills  were  found  hanged  at  the  Walla  Walla 
River.  These  men  were  cau<>:ht  and  tried  bv  the  com- 
mittcc  at  Wallula  for  stealing  horses.  They  confessed 
to  several  thefts;  to  having  horses  tiien  secreted  on  thi; 
Columbia  River  above  Wallula,  and  to  having  killed 
one  of  their  own  number  in  a  quarrel  at  their  I'cn- 
dezvous.  Next  day,  Tuesday,  a  negro  called  Slim 
Jim  was  found  hanging  to  a  tree  about  three  (juarteis 
of  a  mile  east  of  the  town.  He  had  stolen  a  horse, 
killed  a  colored  man  in  the  Boise  Basin,  fuiiiished 
two  criminals  implements  to  break  jail,  and  served  a 
term  in  the  Oregon  penitentiary:  enough  to  detei-- 
mine  the  fate  of  the  black  man  just  then,  though  at 
another  time  he  mii^ht  liave  lived  on  and  have  doubled 
iiis  catalogue  of  evil  deeds.  The  Portland  Orcr/oiiiau 
of  the  2 1st  of  April  comes  out  in  an  editorial,  begin- 
nini;  "  Fifteen  men  hanijed  at  Walla  Walla."  Di-on- 
ping  rapidly  in  the  number  of  executions  it  finally 
•isserts  that  its  informant  knows  of  six  I  Such  is 
the  reliability  of  report,  and  this  within  so  short  a 
distance. 


ill 


m. 


688    OREGON,  WASHINGTON,  BRITISH  COLUMDIA,  ALASKA. 

The  following  appeared  in  the  Walla  Walla  States- 
man of  June  15,  18GG: 


•'VIi;iLAXCE   COMMITTEE    NOTICE. 

"Walla  Walla  City,  June  0,  180(1. 
"Editor  Statesman: 

"Will  you  {{ive  notice  through  the  medium  of  your  paper  that  the  Vigil- 
ance Committee  has  l)cen  organized  over  a  year,  and  during  that  time  has 
not  Ikjcii  entirely  idle ;  but  whether  it  has  accomplished  any  gtXMl  or  not,  tho 
public  are  the  judges.  And  the  committee  further  give  notice  that  tluy 
have  made  some  amendments  to  their  former  ])lan  of  organization,  whicit 
enables  them  to  act  more  expeditiously,  and  with  greater  certainty  in  ferret- 
ing out  the  jicrpetrators  of  crime ;  and  the  committee  stand  ready  to  n^di'css 
all  crimes,  and  execute  summary  justice  lietween  the  perpetrators  of  crinu', 
no  matter  of  what  grade,  and  the  interest  of  all  goo.l,  well  disposed,  and  law- 
abiding  persons;  and  we  make  no  distinction  l>etw<!cn  oilicer  and  private, 
rich  or  ]>oor,  or  %'igilant  and  anti-vigilant.  All  arc  bubjccts  for  our  action 
in  the  way  c>f  crime,  and  will  receive  c(jual  justice  at  our  hand. 

"  By  order  of  the 

"VUilLVNCE  COMMITTEK." 

At  Clearwater  bridge  in  October  1871  one  Jack 
Moran  was  liani(cd  by  the  people  for  enlarging  some- 
body's mouth  and  cutting  off  his  cars. 

What  business  New  Dungencss,  a  little  landinjj^- 
place  on  the  Washington  side  of  Juan  de  Fuca  Strait, 
has  to  talk  about  vigilance  committees  is  beyond 
ordinary  comprehension.  With  a  good  territorial 
government,  a  staid  popi'ation,  and  no  great  influx 
of  unruly  strangers,  it  would  seem  that  a  handful  «if 
fishermen  and  traffickers  might  exist  without  resort 
to  hempen  justice.  And  yet  I  find  recorded  that  i)ii 
the  13th  of  June  18G4  two  men,  Gould  and  Tucker, 
deserters  from  one  of  her  majesty's  ships  at  Victoria, 
and  who  had  been  the  terror  of  the  country  for  soiiu! 
time  previous,  were  shot  by  those  calling  themselves 
a  vigilance  committee. 

Further  than  this,  a  regularly  organized  vigilance 
committee,  with  its  officers,  sub-committees,  No.  54 
secretary,  hanging-master,  and  all  the  appointments 
for  efficient  work,  was  formed,  expatriating  and  exo- 


AN  EVIL  ASSOCIATION. 


G30 


cuting  ad  nauseam.    Hero  is  one  of  tlicir  ordoi's  to 
luavo : 

"New  Dunoesess,  July  10,  1804. 
"To  JosKPn  CuFFonD: 

"  Bo  it  known  to  you  tliat  tho  Vigilance  Committee  of  tliis  place  have 
arrived  at  the  conclusion  that  you  or  your  scrviccH  are  not  wanted  in  this 
country  any  longer  tlian  this  next  week,  for  tho  reason  of  the  tiireats  made 
by  you  ;  and  if  you  are  found  in  this  country  after  tho  KStli  day  uf  the  present 
month  you  may  exixjct  what  your  fate  will  be. 

"  By  order  of  the  Comniittec,  No.  54,  Sicretar;/." 

Tuokor,  above  mentioned,  had  received  sueli  a  no- 
tice, to  which  he  j'aid  no  attention,  and  death  t'ollowecl 
disobedience. 

Two  otliers  received  notice  to  depart  al)ont  tlie  Gth 
of  May  18G4.     Say.s  the  Victoria  C/uvnldc: 

"Tlicy  wore  ordered  to  leave  tho  country  for  (as  they  say)  Iwing  repultli- 
cans,  and  the  Vigilance  Committee,  being  comiiosed  of  deniocmtic  copj)erlica<ls, 
wished  to  get  rid  of  their  votes  and  opiK>sition  at  the  electinn,  the  leader  of 
the  vigilants  being  a  candidate  on  the  copperhejid  ticket.  Tlie  sentence  was 
death  should  they  return  to  that  country.  On  Friday  last  our  inforiiiiints  Mere 
on  their  way  to  Port  Townsend  from  Victoria  to  atten<l  court,  when  the 
canoe  in  which  tliey  were  was  blown  ashore  on  Diamond  Point,  above  Dimgc- 
ness.  Tlioy  put  up  at  a  settler's  house  on  the  beach,  aud  in  the  niidille  of  tho 
night  were  awakened  by  nine  vigilants,  all  of  whom  were  armed  with  guu-< 
and  revolvers.  They  pinioned  the  two  men  and  took  them  back  to  Duugeness 
ill  a  plunger.  On  Monday  the  Vigilance  Committee,  to  the  number  of  forty 
or  fifty,  gathered  togetlier  and  tried  the  prisoners,  who  told  them  iliat  tliey 
were  on  their  way  to  Port  Townseud  to  see  tlie  vigilants  when  driven  ashore 
by  tho  wind.  The  eonmiittoc  talked  f)f  hanging  the  men  up  forthwith,  but 
the  members  were  divided  in  opinion  on  tlie  matter,  the  parties  w  ho  opposed 
the  hanging  denying  that  the  prisoners  had  ever  committed  a  crime  which 
would  justify  their  executicm.  The  men  l)egge<l  and  jirayed  for  life,  and 
finally,  on  the  promise  that  tlicy  would  never  return  to  Washington  TeiTitf)ry, 
nor  enter  any  suit  against  their  prosecutors,  they  were  liberated.  Tliey  were 
allowed  three  days  to  sell  their  farms,  which  was  ellectcd  nt  a  ruinous  price, 
anil  they  left,  arriving  here  yesterday.  The  Vigilance  Committee  have  sworn 
to  drive  out  or  hang  several  other  settlers,  who  at  present  are  absent  from  tho 
country,  on  their  return. " 

Chfford  and  George  Lawrence,  who  were  favored 
with  hke  notice  to  leave,  were  said  to  have  been 
men  of  f^ood  character  and  long  residence  in  Wash- 
ington Territory.     If  we  may  believe  C.  M.  Brad- 


'■mm  I 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


1.0 


I.I 


1.25 


£    IS    112.0 


III  1.8 
1.4    11.6 


m 


^^ 


7 


y 


Photographic 

Sciences 

Corporation 


23  WEST  MAIN  STREET 

WEBSTER,  N.Y.  \  V'iSC 

(716)  872-4503 


V     /§'■>  ^    ////I 


fe 
^ 


C40    OREGON,  WASHINGTON,  BRITISH  COLUJIBIA,  ALASKA. 

shaw,  writing  from  Now  Dungcness  to  the  Olympia 
Standard  the  1 1th  of  July  18G4,  though  the  organiza- 
tion was  wide-spread,  extending  into  the  adjoining 
counties,  it  was  a  bastard  association,  and  in  no  wise 
entitled  to  the  name  of  vifjdanco,  "Do  not  be  de- 
ceivcd  into  the  error  that  this  mob  is  the  people  of 
this  comnmnity,"  he  says.  "When  it  was  gotten  up  no 
notice  was  given,  no  invitation  to  the  public  was  held 
out  to  come  in,  but  it  was  organized  ])rivately,  only 
certain  ones  that  they  were  sure  wei'e  bad  enougli 
to  do  any  act,  however  unlaM^ful  or  bad,  being  in- 
vited to  join;  and  up  to  this  time  they  have  no 
members  but  democrats  and  copperheads,  and  every 
man  they  have  assailed  thus  far  has  been  for  the  past 
two  years  a  member  of  the  union  party."  Mr  Brad- 
shaw  was  in  error  regarding  its  being  a  political 
organization  with  no  union  men  in  it.  There  were 
good  men  of  both  parties  members  of  this  associati(V.i, 
but  their  mode  of  execution  was  simply  cowardly 
murder,  being  to  lie  in  ambush  and  shoot  those  whom 
in  secret  they  had  found  guilty. 

A  bad  element  hunij:  around  Port  Ludlow  during" 
the  summer  of  1865,  and  the  people  determined  to  bo 
rid  of  it.  The  14tli  of  August  two  villains  in  open 
day  knocked  a  man  senseless  and  robbed  him  of 
sixty  dollars,  and  then  fled  to  the  woods.  Two  friends 
of  the  robbers  seeking  to  shield  them  were  seized, 
whipped,  and  driven  away  by  the  people.  Search  was 
made  for  the  robbers  by  the  sherilf,  who  apprehended 
them  and  brought  them  before  the  justice  of  the 
peace.  The  citizens  fearing  escape,  took  them  from  the 
authorities  and  tied  them  to  a  fiag-staft',  where  they 
confessed  their  crime  and  returned  a  portion  of  the 
money;  then  giving  them  a  dozen  lashes  each,  they 
])laced  them  in  a  skiff  and  set  them  adrift,  with  a 
warning  never  to  return. 

In  July  18GG  the  body  of  an  Irishman  who  had 
been  hanged  by  a  mob  was  found  under  a  tree  ncai- 
the  Walla  Walla  River. 


LAND-JUMPERS. 


n41 


'  A.ndrew  Inkstor,  or,  as  he  was  generally  callecl, 
Charles  Adams,  according  to  his  own  statement  was 
the  first  discoverer  of  gold  on  Fraser  River.  In 
18.58  Inkstor,  then  living  near  the  mouth  of  Fraser 
Iliver,  was  called  upon,  rifle  in  hand,  by  Charles 
McDonald  to  pay  a  debt  due  one  McCaw  of  Steila- 
coom. 

"  I  shall  not  pay  it,"  said  Inkstor. 

"If  you  don't  I'll  shoot  you,"  McDonald  replied, 
raising  his  rifle. 

"Shoot  and  be  damned!"  returned  Inkstor,  reaching 
for  his  revolver. 

And  McDonald  did  shoot,  sending  a  bullet  straight 
throng] I  Inkstcr's  heart.  Pursued  by  government 
officers,  the  murderer  fled  across  the  line  and  reached 
the  American  side  in  safety.  Soon  after  he  apjieared 
at  Steilacoom,  where  he  figured  as  a  desperate  cliar- 
acter  for  several  years.  Becoming  virtuous,  or  de- 
sirous of  monopolizing  murder,  in  18GI  he  gathered 
a  mob,  which  he  dignified  by  the  name  of  vigilance 
committee,  and  drove  Charles  Wren,  accused  of  crime, 
from  his  land  near  Steilacoom  and  took  possession  of 
it  himself  Much  trouble  was  then  experienced  by  own- 
ers of  land,  caused  by  'jumpers,'  as  they  were  called, 
seeking  forcible  possession.  Thus  matters  proceeded 
when  in  January  1870  McDonald,  growing  bolder, 
leagued  with  certain  bad  men,  ]3ergli,  Gibson,  and 
others,  to  jump  some  of  the  best  farming  land  near 
Steilacoom.  The  people  saw  that  the  time  for  action 
liad  come,  that  they  must  prepare  themselves  to  l)ow 
l)ofore  villainy  or  oppose  it.  So  bold  had  tlie  claim- 
jumpers  become  that  they  openly  avowed  their  pur- 
])ose  to  resort  to  violence  and  nuirder  if  necessary  to 
the  accomplishment  of  their  purpose,  and  on  several 
occasions  settlers  had  been  shot  at  from  thickets,  and 
imtices  embelhshed  with  a  death's-head  and  colHn 
wore  found  in  the  post-office  directed  to  citizens  in 
various  parts,  threatening  them  with  assassination  if 
they  refused  to  vacate  their  land.     Forty  of  the  set- 


Pop.  TiUD  .  Vol.  I.    41 


642     OREGOX,  WASHINGTON,  BRITISH  COLUMBIA,  ALASKA. 

tiers  now  banded,  armed,  and  started  in  pursuit  of  the 
claim-jiiinpers.  McDonald  and  Gibson  hearing  of  it, 
started  for  Wren's  claim  to  join  Berg.  The  mob  con- 
sisted largely  of  the  old  servants  of  the  HudsonV;  Bay 
Company,  French  trappers,  and  half-breed  fur-hunter!,, 
who  had  their  own  way  of  doing  things,  which,  if  bor- 
dering on  brutal  savagery,  was  honest  and  direct. 

Justice,  hunted  and  vengeful,  had  sought  the  thick- 
ets and  there  issued  her  verdicts  in  the  shape  of  bul- 
lets, which  whizzed  past  the  ears  of  those  marked  for 
punishment.  Seeing  the  desperadoes  coming,  the  set- 
tlers hid,  and  as  they  approached  fired  upon  them. 
Gibson  fell,  pierced  with  two  l)alls.  McDonald,  slightly 
wounded,  leaped  into  the  thicket  and  started  for  Steil- 
acoom,  about  five  miles  distant.  Gibson  was  placed 
in  a  wagon  and  conveyed  to  town,  where  the  settlers 
found  McDonald,  with  his  wound  dressed,  ready  to 
fight.  Some  of  the  assailing  party  advised  him  to 
disarm,  which  he  did;  but  meanwhile  the  crowd  had 
consulted  and  determined  to  kill  him.  When  jNIcDon- 
ald  heard  of  it,  he  asked  for  time  to  arm;  they  told 
him  to  do  so,  but  as  he  turned  to  take  up  his  gun, 
the  word  was  given  to  fire,  and  bang!  bang!  followed 
in  quick  succession.  The  wretch  ran  shrieking  into 
a  billiard  saloon,  but  soon  he  was  fatally  struck. 
Gibson,  reviving,  seized  a  revolver  and  discharged  tv.o 
shots  at  the  enemy,  when  ho  was  riddled  with  bullet  ^. 
These  people  delighted  in  hunting;  hanging  was  not 
their  forte. 

During  the  autunm  of  1870  incendiarism  was  fie- 
quent  at  Olympia,  when  the  Tribune  suggested  tlio 
organization  of  a  vigilance  conunittee  "to  hang  the 
first  man  or  men  caught  setting  fire  to  proi)erty  in 
Olympia."     The  Standard  opposed  the  measure. 

Considerable  excitement  prevailed  about  this  time 
in  regard  to  land-jumping,  particularly  in  the  southern 
part  of  the  territory  and  along  the  line  of  the  ] no- 
posed  railroad,  where  land  had  suddenly  assumed 
fictitious  value. 


AFFAIRS  AT  SEATTLE. 


643 


At  Port  Gamble  in  May  1871  robberies  round  the 
mill  camp  becoming  frequent,  some  Chinamen  were 
suspected.  Complaint  was  made  and  several  arrested, 
but  all  denied  the  theft.  This  did  not  satisfy  their 
accusers,  whom  the  sheriff  finally  told  to  do  with  the 
Celestials  as  they  pleased.  It  seems  they  pleased  to 
hang  two  of  them  to  a  derrick  until  they  were  nearly 
dead,  when  unable  to  obtain  a  confession  they  drove 
them  from  those  parts. 

Mitchell,  a  half-breed,  for  killing  an  Indian  at 
Tacoma  the  17tli  of  April  1873,  was  hanged  by  tlu; 
people.  Ten  days  later  at  the  same  place  a  native 
called  Jim  Shell  killed  Louis  Moroe,  a  Canadian. 
The  murderer  was  arrested,  but  was  taken  from  the 
sheriff  by  the  people  and  hanged. 

Since  the  days  of  the  California  Inferno  there  has 
been  no  more  prompt  or  thorough  display  of  popular 
justice  than  that  which  occurred  among  the  staid 
citizens  of  Seattle  so  late  as  the  I7tli  of  January 
1882.  The  occasion  of  this  display  was  the  killing  of 
(jreorge  D.  Reynolds,  an  estimable  young  man,  by  two 
footpads,  James  Sullivan  and  William  Howard.  In- 
stead of  throwing  up  his  hands  as  ordered,  he  at- 
tempted to  reach  for  his  revolver,  whereupon  iie  was 
shot,  and  died  in  two  hours.  The  people  of  Seattle 
were  very  angry;  within  two  hours  after  the  murder  a 
committee  of  safety  was  organized  and  officered,  and 
after  two  hours  more  the  villains  were  arrested  and 
delivered  to  the  authorities.  Brought  into  court  the 
next  morning,  at  the  end  of  an  examination  wherein 
they  had  been  remanded  to  the  custody  of  the  sheriff 
for  trial,  the  inmates  of  the  court-room  rose  in  a  body, 
and  while  some  seized  and  held  tlie  sheriff,  judge,  and 
other  officials  present,  others  hurried  the  prisoners  to 
their  death.  Lying  in  jail  at  this  time  was  one  Payne, 
convicted  of  the  murder  of  Officer  Sears,  whom  like- 
wise the  citizens  hanged.  A  coroner's  jury  found  in 
each  ease  that  the  deceased  "came  to  his  death  by 
hanging,  but  from  the  evidence  furnished  wc  are  un- 


■ 


CM     OREGOX,  WASIIIT7GT0X,  BRITISH  COLUMBIA,  ALASKA. 

able  to  find  by  whose  hands.  Wc  arc  satisfied  that 
in  his  death  substantial  and  speedy  justice  has  been 
subserved."       ' 


Tlie  Northwest  Coast  liad  its  lialcyon  days,  when 
the  fur  companies  found  it  to  their  interest  to  treat 
the  red  man  kindly.  Theft  was  then  almost  unknown. 
In  their  traffic  with  the  natives,  store-kce[>ers  were 
accustomed  to  give  them  credit;  and  it  was  found 
that  when  the  savage  was  properly  treated  and  trusted 
he  was  as  honest  as  tlie  civilized  man.  Justice  Beg- 
bie,  returning  fron.  a  circuit  along  Frascr  River,  re- 
ports to  government  in  April  1859  that  there  was  on 
all  sides  a  submission  to  authority,  ii  recognition  of  tlu; 
right,  whicli  he  had  not  expected  among  so  mixed  a 
poj)ulation,  with  so  large  a  predominance  of  the  Cali- 
fornian  element.  There  were  few  complaints  of  any 
kind,  and  none  of  violent  crimes;  and  this  where  law- 
was  little  known  and  justice  seldom  sat  in  sedate 
robes.  Britisli  Columbia,  for  the  most  part,  has  en- 
joyed from  its  earliest  occupation  a  good  government, 
much  better  than  usually  fell  to  tlie  lot  of  the  border 
communities  of  the  United  States. 

In  the  summer  of  1842  Sir  George  Simpson,  then 
at  the  head  of  the  Hudson's  Bay  Company  in  Amei- 
ica,  came  from  Red  River  to  Vancouver,  whence  Ik; 
proceeded  to  Fort  Wrangel,  on  the  Stikeen,  near 
Alaska,  to  investigate  the  murder  of  John  McLough- 
lin  junior,  son  of  the  chief  factor  west  of  the  Roclcy 
Mountains.  The  deed  took  place  in  April  of  that 
year.  Simpson  arrived  at  the  conclusion  that  the 
nuu'derers,  servants  of  the  company,  had  been  excidd 
by  McLoughlin's  cruel  and  overbearing  conduct.  ^J'h(  y 
had  nerved  themselves  by  stolen  whiskey  on  tlie  niglil 
of  the  murder.  Every  person  in  the  establishnuM.t 
appears  to  have  been  mutually  bound  to  kill  liim,  so 
that  no  disinterested  testimony  could  be  obtained  cx- 
cept  to  show  justifiable  homicide  of  a  drunken,  quai- 
rels(>me,  and  cruel  man.    But  this  was  not  satisfactoi  \ , 


AMONG  THE  FURTKADERS. 


045 


aiul  James  Douglas  was  thereupon  sent  to  sean-li 
deeper  into  the  matter.  One  man  testiiied  that  every 
eni])loye  liad  signed  a  writing  agreeing  to  murder 
]\teLoughhn,  who  seemed  aware  of  Ids  end,  and  who 
luid  affirmed  to  Ins  wife  that  lie  would  die  like  a  man. 
jNIeLougldin  fired  first;  his  shot  was  returned,  and 
after  a  respite  the  hullets  of  the  mutineers  stretched 
him  low.  MeLoughlin's  servant  seems  to  have  ke|>t 
him  informed  of  the  plot,  and  was  eonstantly  on  the 
wateh  for  the  attaek,  though  the  man  coid'essed  he 
would  not  defend  his  master.  MeLoughlin  had  flogged 
the  men,  kept  them  from  going  with  other  men,  and 
was  suspeeted  of  intrigue  with  a  traj)[)er's  wife. 

Tlie  officers  and  men  of  the  Hudson's  ])ay  (V)m- 
))any  wei'e  bound  hy  strict  agreement  to  subserve  the 
interests  of  the  company;  they  could  accpiire  no  ])er- 
sonal  or  real  estate  outside  tiieir  pay,  and  were  subject 
to  such  punishment  for  neglect  as  tlie  officer  in  charge 
might  impose,  having  no  a[)peal. 

By  1845  tlie  English  government  had  extended  tin; 
civil  laws  and  jurisdiction  of  Canada  over  the  North- 
west Coast,  and  had  commissioned  .lames  iJougliis, 
Angus  j\IcJ)onald,  and  Mr  Work  as  justices  of  i\\v. 
peace  in  civil  cases  involving  not  over  two  hunth'cd 
pounds.  In  criminal  cases,  if  the  magistrate  found 
sufficient  cause,  he  might  send  the  accused  to  Canada. 
In  all  minor  matters  the  Hudson's  Bay  Company's 
v.ill  was  absolute.  Their  men  were  bound  to  obt-y 
officers  like  soldiers.  Flogging  was  a  connnon  ])nn- 
ishment  inflicted  by  all,  from  governor  down  to  petty 
clerk. 

An  Indian  shot  Mr  Black,  the  chief  trader  at  Fort 
Kandoops,  in  i-evenge  for  some  injury.  The  fort  was 
<l(jse(l  against  the  tribe,  and  no  trade  allt)wed  till  the 
murderer  was  given  up  and  hanged. 

Mr  McKay  had  been  killed  by  a  native  at  fhe 
mouth  of  the  Columbia  River  in  a  druidcen  brawl. 
An  expedition  set  out  to  punish  the  tribe  unless  the 
murderer  was  surrendered.     He  was  given  up  and 


i;.  {mi 


tm 

m 


C4G     OREGON,  WASHINGTON,  BRITISH  COLUMBIA,  ALASKA. 

liangecl  after  jury  trial.  All  the  white  men  present 
hoisted  him  up  on  the  gallows,  strangling  him,  which 
proceeding  filled  the  natives  with  horror. 

In  another  case  of  the  murder  of  a  servant  of  th(! 
company  hy  a  princij)al  chief,  Mr  Douglas  went  alone 
to  the  lodge  of  the  chief  and  shot  him  dead.  The 
white  men  were  few,  and  none  had  dared  to  gain  tlic 
reward  offered  by  Douglas.  These  cases  show  tiu' 
absolute  sway  of  the  fur  companies  over  the  natives. 

In  August  184G  a  man  jumjied  the  claim  of  a 
Hudson's  Bay  Company's  servant  near  Vancouver. 
Douglas,  who  was  justice  of  the  peace  and  county 
judge,  gave  the  sheriff  a  warrant  of  arrest,  and  the 
man  was  put  in  irons.  An  American  advised  him  to 
decide  the  case  against  his  own  people,  or  the  man 
would  bring  suit  for  false  imprisonment.  The  man 
accordingly  appears  to  have  received  some  compeuf^a- 
tion  and  to  have  been  released. 

The  gold  excitemtmt  had  attracted  from  California 
a  most  reckless  set  of  men,  whose  names  liad  been 
duly  recorded  by  the  Vigilance  Comuiittee  of  Sun 
Francisco.  The  police  had  only  been  established  at 
Victoria  since  July  1858,  and  consisted  of  some  dozen 
untrained  men,  while  no  troops  existed  nearer  than 
Esquimalt.  A  riot  had  caused  a  call  to  be  made  foi- 
troops  to  Victoria,  which,  however,  were  required 
merely  to  arrest  a  drunken  miner. 

By  the  Gold  Fields  Act  of  1859  the  acUng  gov- 
ernor of  British  Columbia  was  authori.xxl  to  make 
laws  for  the  regulating  of  mining  districts.  Actual 
settlers  on  agricultural  lands  were  placed  in  fee-simple, 
under  certain  conditions,  of  one  hundred  and  sixty 
acres  of  land.  Besides  magistrates  for  the  respective 
districts  a  gold  commissioner  was  appointed  to  Low 
after  the  mines. 

One  day  a  blustering  Yankee  came  to  the  goveriK  r 
and  asked  permission  for  a  number  of  Americans  t ; 
settle  on  some  land.  His  request  was  granted  en 
condition  that  they  would  take  an  oath  of  allegianeu. 


UBIQUITOUS  NED. 


647 


"Well,"  said  the  Yankee,  "but  suppose  we  came 
there  and  squatted?" 

"  You  would  bo  turned  off." 

"  But  if  several  hundred  rnme  prepared  to  resist?" 

"We  should  cut  them  to  niince-nicat,  sir!" 

This  same  governor,  Douf^las,  while  in  charge  of  a 
trading-])ost,  was  one  day  informed  by  his  officer  tliat 
insubordinate  natives  were  forcing  their  way  into  the 
fort,  and  the  officer  asked  if  he  should  man  the  bas- 
tion. Douglas  coolly  replied:  "Give  them  a  little 
bread  and  treacle."    And  indeed  this  was  effective. 

It  was  the  province  of  California  to  bless  and  to 
curse.  She  has  made  many  rich  and  has  dropped 
happiness  into  many  a  distant  home;  she  has  wrung 
the  very  souls  of  those  who  courted  her,  and  scattered 
liealth  and  hope  to  the  wind.  In  like  manner  slie  has 
done  her  neighbors  good  and  ill;  good  in  assisting 
them  to  develop  their  resources  and  in  giving  them 
the  benefit  of  experience,  and  ill  in  sending  them  the 
refuse  of  her  population,  cursing  them  with  the  very 
element  which  cursed  her  iir.st  attempts  at  nationality. 

There  was  Ned  Mcfiiowan,  judge,  gambler,  and 
shoulder-striker  of  San  Francisco,  and  refugee  of  vigil- 
ance, who,  liaving  done  as  nmch  wickedness  as  Cal- 
ifornia was  willing  should  go  unrewarded,  went  to 
British  Columbia,  where  we  find  him  in  the  winter  of 
1858-9  still  stirring  disturbance  amonjjr  men  at  Hill 
Bar,  two  miles  from  Yale.  There  he  ])lanted  himself 
upon  a  mining  claim  and  gathered  round  him  a  crowd 
of*  reckless  imitators,  so  that  in  January  the  govern- 
ment was  obliged  to  send  troops  to  restore  order.  At 
Hill  Bar  one  of  the  most  intelligent  of  tlie  miners 
was  made  resident  magistrate;  at  Yale  were  two,  one 
of  whom  being  a  rascal  was  dismissed,  while  the  other, 
though  honest,  was  unfit  for  the  position.  The  three 
judges  were  at  constant  variance.  Each  laying  claim 
to  a  certain  case,  the  Hill  Bar  man  swore  in  special 
constables,  and  removed  the  prisoner  by  force  to  his 
jurisdiction.    Of  these  special  officers  McGowan  was 


m 


-til] 

'■Pi 


C48     OREGON,  WASIIINGTOX,  BRITISH  COLUMBIA,  ALASKA. 

ono.  Being  indiscreet  in  the  use  of  his  authority,  to 
put  the  matter  mildly,  it  was  thoui^ht  necessary 
to  chastise  him;  but  so  gentlemanly  and  entertain- 
ing was  he  at  the  appnjach  of  punishment  that  he 
was  only  fined,  when  a  severer  sentence  might  have 
more  evenly  balanced  his  irregularities.  Ned  was 
by  this  time  at  home  anywhere  in  the  environs  of 
justice. 

The  only  two  men  who  up  to  18G-3  had  attempted 
highway  robbcTy  in  British  Columbia  failed  to  escajjc. 
"  The  extraordinary  rarity  of  crimes  of  violence,"  say 
Milton  and  Cheadle,  *'is  owing,  we  believe,  in  great 
measure  to  the  vigorous  administration  of  the  late 
governor,  Sir  James  Douglas,  and  the  stern  justice 
meted  out  by  Mr  Justice  Begbie,  but  also  in  part,  no 
doubt,  to  the  nature  of  the  country."  Shut  in  by 
almost  impassable  mountain  barriers,  there  was  small 
chance  for  criminals  to  escape. 

Tiie  llaidahs  encamped  near  Victoria  had  been  very 
troublesome  for  some  time,  and  at  last  iired  on  a 
schooner.  The  chief  of  police  sent  a  body  of  men  to 
demand  the  surrender  of  the  cul[)rits  and  of  all  their 
arms.  This  was  refused,  and  the  governor  sent 
marines  to  surround  them,  which  had  the  desired 
effect.  The  offenders  were  brought  to  Victoria  and 
publicly  flogged — a  great  disgrace  in  their  eyes — and 
all  arms  secured  till  the  tribe  should  depart.  A  mis- 
understanding a  few  days  after  caused  the  arrest  of 
two  chiefs.  Captain  John  and  his  brother.  On  leacli- 
ing  the  police  station  the  chiefs  drew  their  knives  on 
the  officers,  and  were  immediately  shot. 

At  Metlacatlah  mission,  just  south  of  Alaska,  the 
magistrate  had  organized  a  native  police,  who  are  said 
to  have  been  well  disciplined  and  effective.  There  was 
a  small  calaboose  of  logs  wherein  the  disorderly  were 
confined. 

In  May  1864  the  Chilicoten  tribe  near  Bute  Inlet 
robbed  and  nmrdered  fourteen  out  of  seventeen  men 
who  were  building  a  road   there.     Shortly  after  a 


GAME  PRESERVE  AND  GOLD  HELDS. 


649 


trading;  party  iiu't  the  same  fate.     The  govcrninent 
pursued  and  hanged  several. 

The  exeoutieii  of  a  native  called  Harry  f<»r  the 
slayinu^,  wliile  intoxicated,  of  a  niend)er  of  a  neigji- 
horinijf  trihe  out  of  revenge  for  some  ancient  wrong 
was  denounced  as  a  legal  murder,  opinion  hcing  that 
he  who  sold  the  li(j[Uor  should  have  suffered  in  the 
Indian's  stead.  There  was  comparatively  little  high- 
way jobbery  in  British  Columbia.  The  cause  is  ob- 
vious; first  there  was  less  upon  the  highway  to  steal, 
and  second,  as  we  have  seen,  there  was  less  chance  of 
escape.  There  were  some  robberies  nnuid  Cariboo, 
however;  one,  tliat  of  a  IJanish  packer  named  George 
Gibson  in  18GG  while  on  his  way  across  JJald  ^toun- 
tain  from  Cedar  Creek.  He  was  shot  in  the  head,  his 
twenty -five  pack  animals  were  scattered,  and  a  large 
amount  of  gold-dust  which  he  carried  was  taken. 

Before  the  tcgis  of  government  overs])read  Wild 
Horse  Creek  and  the  neijifhborinij  o'old-fields  situated 
in  British  Columbia  near  the  llocky  Mountains,  just 
north  of  the  United  States  boundary,  life  and  property 
began  to  be  so  insecure  that  the  miners  found  it  neces- 
sary to  band  and  make  laws  for  mutual  prot*  ction. 
Wherever  gohl  is  there  is  discord.  Aijricultural  and 
pastoral  societies  can  live  harmoniously  without  laws 
for  years;  but  once  discover  rich  gold-diggings  and 
the  vultures  of  avarice  fly  in  from  afar  and  wrangle 
over  the  prey. 

In  this  wild  district  there  arrived  one  day  in  18G4 
a  collector  of  revenue.  With  him  as  assistant  ho 
had  but  one  constable,  and  there  were  there  fifteen 
hundred  miners,  who  had  come  in  from  the  adjoining 
territories,  many  of  whom  were  known  to  be  regard- 
less of  order.  The  officer  found  no  difficulty  however 
in  executing  his  connnission.  Those  who  had  as- 
sumed authority  gladly  resigned  to  him;  and  in  six 
weeks  after  his  arrival  a  code  of  laws,  meeting  the 
more  salient  exigencies  of  their  condition,  was  in  force 
and  all  dues  paid. 


Cno     OREfiON,  WARIIIXr.TON,  BRITISH  COLUMHIA,  ALASKA. 

Ah  ill  all  tlio  pcltry-proclufiiiij  parts  of  the  North- 
west Coast,  Alaska  uj)  to  tho  tiiiio  it  come  into  the 
poHscssion  of  the  United  States  was  j,'ovi!rne(l  hy 
officei's  of  the  colonization  and  fur  ('oni])anies,  whose 
ipse  dixit,  except  in  certain  cases  of  the  higher  order, 
was  law.  Indeed  the  country  was  not  then  oi)en  to 
emigration  and  settlement,  so  that  there  was  little  «»p- 
))ortunity  for  the  display  of  free  thought  or  action  hy 
the  servants  of  politico-conmicrcial  monopolies.  The 
natives  were  treated  with  the  utmost  severity  by  the 
Russians;  they  were  made  to  work  like  slaves,  and  if 
disobedient  or  refractory  were  whipped  or  shot  at 
pleasure. 

In  June  1802,  in  revenge  for  killing  certain  of  their 
countrymen  by  the  Aleuts  in  a  quarrel,  the  Koloshes 
rose  and  took  the  fort  at  Sitka.  In  due  time  they  were 
overcome  and  again  placed  under  subjection  to  their 
former  masters.  Hundreds  of  such  instances  appear  in 
the  history  of  the  pacification  of  the  coast,  and  the  only 
justice  administered  in  the  settlement  of  difficulties  is 
that  of  tlie  stronger  arm  and  more  powerful  will.  Retal- 
iation was  the  law  of  the  Europeans;  humble  subjection 
the  necessity  of  the  conquered.  And  for  a  small  offence 
there  must  be  great  punishment.  A  hundred  Koniagas 
for  the  life  of  a  Russian  sailor  was  deemed  about  fair; 
though  if  the  Koniagas  happened  to  be  good  seal- 
catchers  justice  would  be  sat.  fied  with  a  nmch  less 
number,  or  even  perhaps  with  the  lives  of  the  women 
and  children  of  the  offending  tribe. 

A  few  incidents  will  tend  to  illustrate  the  quality 
of  early  justice  administered  in  these  parts.  At  An- 
dreaffski  in  18G6,  a  deserted  fort,  there  was  once  a 
Ekogmut  village,  some  of  whose  people  worked  at  the 
fort.  One  day  when  but  two  Russians  were  left  in 
charge  of  the  fort,  and  these  were  coming  naked  from 
a  bath,  the  natives  attacked  and  slew  them.  The; 
Russians  of  Saint  Michaels  being  informed  of  tl'c 
tragedy,  sent  over  a  small  force,  who  slaughtered 
every  one  in  the  village ;  since  which  time  the  natives 


RUSSIAN  JUSTICE. 


681 


of  tlio  lower  Yukon  liave  never  dared  to  lift  hand 
against  their  merciless  masters. 

For  tlie  killinj^  ofone  of  their  numl)er,or  otlier  in  jury, 
the  natives  of  Alaska  requii'e*!  paynient  in  money  or 
merchandise,  and  the  jjfovernment  usually  I'licotjrnized 
tlieir  custom.  In  January  1 HOO  three  natives, a  Cliilkat, 
a  Kake,  and  a  Sitkan,  were  in  some  way  killed  at  Sitka. 
()l)tainin<if  no  satisfaction,  either  pecuniary  or  other- 
wise, the  Kakes  killed  two  whites  in  retaliation.  War 
foll(>wed,  in  which  the  Kakes  of  that  vicinity  were  well 
nigh  (sxterminattid  and  their  villag(.>  burned.  So  much 
ior  the  Kakes.  Five  months  later  the  Chilkats  hoarded 
a  vessel  and  demanded  money  or  life.  A  guarantee 
for  tlie  payn)ent  of  money  was  given,  and  ou  the 
I'cfusal  of  the  conunander  at  Sitka  to  recogni/e 
the  claim  the  Indian  agent  j)aid  the  amount  and  so 
secured  peace.  At  this  time  there  were  more  '»  nking- 
saloons  than  private  dwellings  in  Sitl;a.  A  couit- 
njartial  wo-  h  Id  at  Sitka  tlu)  1st  of  Ayiril  IHC!)  lor 
the  trial  (»f  James  Parker  for  killing  a  native  v.  iio  liad 
done  -  )me  damage  in  a  store  in  which  the  homicide 
was  clerk.  The  verdict  was  that  the  act  was  not 
justifiable.  Several  soldiers  were  drummed  out  of 
service  in  November  18G1)  for  robbiny:  a  Greek  church 
at  Sitka. 

Eight  murders  within  the  three  years  ending  Octo- 
ber 1870  seemed  a  large  number  to  slow  and  si)arsely 
settled  Sitka.  The  same  amount  of  slaughter  in 
JMontana  within  a  month  would  hardly  have  suHiced 
for  gossip  while  it  was  being  done.  The  Alaskans, 
however,  did  not  like  it  that  each  nuirderer  of 
eight,  save  one  who  was  then  in  the  military  guard- 
house awaiting  trial,  should  walk  away  unf)unislied. 
The  savages  did  l)ctter  justice  than  that.  "We  have 
seen  women  and  children,"  writes  one  concerning  mili- 
tary rule  in  1870,  "knocked  down  in  the  street  by  an 
army  officer  and  United  States  postal  agent;  we  have 
seen  these  two  officers  on  the  same  day  knock  down 
poor  inofFcnsivc  Russians,  and  the  arii'V  officer  hand 


052     OREGON,  WASHINGTOX,  BRITISH  COLUMBIA,  ALASKA. 

the  postal  agoiit  a  pistol  to  kill  an  American.  Wo 
have  known  army  officers  to  force  their  way  into 
private  Russian  houses  and  attempt  to  take  liberties 
with  the  women  inmates  that  in  any  other  country 
but  Alaska  would  have  cost  them  their  lives.  Wo 
have  seen  two  companies  of  soldiers  stationed  ri^^ht 
in  the  city,  many  of  whom  were  not  fit  to  run  at 
large  or  live  outside  the  walls  of  a  state-prison,  and 
who  forced  themselves  into  Russian  houses  as  thougii 
it  was  a  part  of  their  duty;  and  what  has  been  the 
result  of  all  this?  Simply  that  all  the  refined  and  re- 
spectable ]X)rtion  of  the  Russian  poi)ulation  have  left 
our  territory  heartily  sick  of  and  thoroughly  disgusted 
with  the  very  name  of  an  American.  And  who  can 
blame  then)  ?  Who  Avill  not  blush  when  he  i-eads  that 
out  of  a  Russian  population  of  live  or  six  hundred 
in  Sitka  there  are  not  over  three  young  girls  of  the 
age  of  thirteen  years  wlu)  are  not  j)rostitutes ?  And 
in  making  this  assertion  we  challenge  contradiction. 
The  soldiers,  stationed  in  the  heart  of ,^  the  city, 
Vvtiit  around  spreading  contamination,  disease,  and  a 
state  of  ilemoralization  only  surpassed  by  that  which 
existed  at  the  time  Sodom  and  Gomorrah  were  de- 
stroyed by  an  avenging  God.  We  regret  to  say  a  few 
of  the  army  officers  also  acted  more  like  blackguards 
than  officers. 

In  February  1870,  at  the  club-house  in  Sitka,  a 
quarrel  arose  between  Lieutenant-colonel  Dennisou 
and  a  discharged  soldier  named  William  Bird,  who 
demanded  five  dollars  for  })laying  the  banjo  at  a  party 
given  by  Dennison.  Finally  Demiison  gave  Bird  tlic 
money,  which  was  employed  in  the  purchase  of  fiery 
liquid  to  feed  the  musician's  already  inllamed  temper. 
Bii'd  then  fell  into  a  humor  for  slau'diter;  so  making'- 
ready  his  pistol,  he  informed  Dennison  of  the  bent  of 
his  desire,  when  that  officer  gallantly  slapped  the 
sol(lic!r  in  the  face  and  directed  him  to  a  less  hypei- 
borean  climate  than  that  of  Alaska.  Bird's  rej)]y 
was  a  bullet  aimed  at  Dennison,  but  which  took  effect 


S.VILOR  AXD  SAVAGE. 


CSS 


in  the  body  of  Lieutenant  L.  C.  Gowan,  standing 
near,  killing  him  instantly.  Bird  was  arrested,  but 
while  the  constable  was  taking  him  to  the  guard- 
house the  crowd  seized  him  and  undertook  to  hang 
him.  It  was  a  poor  mob,  a  disgrace  to  the  lynching 
profession.  What  did  this  refuse  of  battalions  anti 
whaling-vessels  know  of  artistic  hanging?  First  they 
threw  a  rope  over  the  culprit  and  attempted  to  drag 
him  through  the  streets.  Then,  as  if  fearful  they 
might  do  something  rash,  they  unloosed  him,  and 
taking  him  to  a  place  proposed  for  execution,  they 
fumbled  a  rope,  as  if  with  boneless  fingers,  until  the 
mayor  appearing  alone  and  unarmed  took  the  mur- 
derer by  the  collar  and  led  him  away,  unmolested  by 
the  nerveless  rabble. 

At  a  Sitka  bar-room  in  June  1872  a  soldier  broke 
some  eggs  in  the  basket  of  a  Kolosh,  who  was  offering 
them  for  sale.  Words  followed;  the  savage  slapped 
the  soldier,  and  the  soldier  kicked  the  savage.  Khan- 
ahkich,  brother  of  the  egg-seller,  took  up  the  quarrel, 
and  at  the  head  of  a  party  opened  hostilities,  and 
fired  several  shots.  IVIajor  Allen,  commanding,  threat- 
ened the  refractory  natives  with  his  big  guns.  The 
rc[>ly  was,  "Shoot,  we  are  I'cady  for  youl"  Uproar 
followed.  To  the  clamor  of  the  soldiers  for  permission 
to  retaliate  were  added  the  insults  of  the  Koloshes, 
who,  when  they  failed  to  see  the  big  guns  belch  de- 
struction on  their  villaije,  cr''xl,  "Boston  tyhee  is  a 
coward!"  At  length  the  disturbance  was  bloodlessly 
quelled,  and  great  credit  is  due  Major  Allen  for  his 
humane  moderation  in  the  affair. 


w  ' 


■M 


I'"  I 


1^    f-   I 


CHAPTER  XXXIV. 


THE    POPULAR    TRIBUNALS    OF    IDAHO. 


Quel  ponvoir  inconnu  gouveme  les  humains; 
Que  <Ig  faibles  ressorts  sont  d'illustros  dcstuis! 

Voltaire. 

Little  ceremony  attended  the  conviction  and  execu- 
tion of  horse-thieves  in  Idaho.  To  sit  upon  a  stolen 
horse  was  dangerous  at  one  time,  as  the  position  ap- 
peared to  be  evidence  sufficieiit  to  warrant  the  owner 
in  firing  upon  the  person  occupying  it.  Two  horses 
were  stclen  from  one  Henderson,  living  at  Boise,  in 
November  18G3.  Starting  in  pursuit, Henderson  ovei- 
took  the  horses  at  Camas  Prairie,  each  having  on  its 
back  a  rider.  As  soon  as  he  came  within  range  Hen- 
derson raised  his  riiie  and  fired,  when  one  of  the  men 
dropped  dead.  The  next  shot  brought  down  the  other 
wounded.  After  all,  retributive  justice  finds  nothing 
so  speedy  as  a  leaden  bullet.  Leaving  the  two  men 
lying  where  they  fell,  Henderson  took  the  horses  and 
returned  to  Boise,  giving  information  of  what  he  had 
done  at  French  Rancho,  whose  people  immediately 
proceeded  in  quest  of  the  bodies,  though  they  did  not 
find  them  until  after  dark.  The  thief  killed  was 
Hitchcock, «//rt,s  Johnson;  the  wounded  man  was  Mike 
Welch,  who  after  disclaiming  any  knowledge  that  the 
horse  had  been  stolen,  died.  Henderson's  conduct, 
even  if  such  arbitrary  measures  were  necessary,  was 
that  of  a  desperado. 

Probably  the  most  notorious  affair  in  the  criminal 
annals  of  Idaho  was  the  murder  of  one  Lloyd  Ma- 
grader  of  Lewiston,  Idaho,  and  the  capture,  trial,  and 

(6M) 


THE  MAGRUDER  CASE. 


665 


execution  of  the  assassins.  It  was  one  of  the  few  cases 
in  which  the  people  rallied  to  the  support  of  the  law, 
bolstering  the  fledgling  by  their  presence  and  in- 
timidating it  into  the  performance  of  its  duty;  so  tliat 
after  all  it  was  an  arrest  and  execution  by  the  people, 
but  done  under  covert  of  the  law.  Left  to  oflicer-s 
of  the  law,  there  would  have  been  no  arrest;  left  to 
the  court  alone,  there  would  have  been  no  convic- 
tion. The  people  of  Idaho  in  this  case  seemed  de- 
termined that  the  law,  if  possible,  should  fulfil  its 
functions,  and  in  so  doing  are  entitled  to  praise.  They 
were  but  just  now  under  law;  and  like  the  boy  with  a 
wooden  donkey  harnessed  to  his  wagon,  he  could  pull 
the  load  much  better  alone,  only  he  was  bound  the 
donkey  should  go.  Unfortunately  such  patience  and 
magnanimity  is  ordinarily  too  much  for  weak  human- 
ity. The  law  was  inadequate  for  the  purpose,  and  the 
people  soon  found  that  theirs  was  tlie  short  and  quick 

In  this  instance  the  law  did  well;  it  did  its  best. 
The  inchoate  condition  of  territorial  affairs  and  the 
absence  of  judicial  implements  rendered  court  trials, 
to  say  the  least,  but  little  better  than  play  at  law; 
and  to  make  matters  still  more  embarrassing,  this  was 
the  first  court  trial  of  any  kind,  civil  or  criminal,  which 
had  been  held  in  the  territory  of  Idaho.  The  gov- 
ernor in  November  18G3  had  divided  the  territory 
into  judicial  districts,  and  had  assigned  judges  to  each. 
On  the  4th  of  December  the  legislature  hatl  convened, 
and  had  prescribed  by  law  territorial  districts,  reas- 
signing judges  thereto.  A  special  term  of  court  was 
ordered  held  at  Lewiston  the  first  ^londay  in  Januaiy 
1804.  Yet  the  trial  of  Magruder's  murdereis  was  a 
model  piece  of  court  proceeding,  and  for  the  caufics 
aforesaid. 

The  statement  of  the  case  is  as  follows:  Lloyd 
iSIagruder  was  a  popular  trader  and  packer  living  at 
Lewiston,  Idaho,  but  doing  business  also  in  Mon- 
tana.    In  August  18G3  Magruder  despatched  a  large 


9 


'mi 


m 


THE  POPULAR  TRIBUXALS  OF  IDAHO. 


pack-train  with  mcrcliandiso  from  Lcwiston,  Idalio,  to 
Virginia  City,  Montana.  Talcing  a  short  cut  across 
the  mountains,  he  selected  a  favorable  spot  in  the  new 
mines,  pitched  his  tent,  and  on  the  arrival  of  his  train 
opened  his  stock.  By  the  1st  of  October  fourteen 
thousand  dollars  in  gold-dust  had  taken  tlie  place  in 
liis  affections  of  the  goods  and  some  portion  of  his 
pack-mules,  and  Hushed  with  success  the  packer  was 
now  I'oady  to  return  to  Lewiston. 

Meanwhile  it  appears  that  a  gang  of  scoundrels  had 
determined  his  destruction.  Cyrus  Skinner  prompted 
the  deed,  and  when,  at  first,  fear  was  expressed  for 
their  own  safety,  Skinner  reassured  them  by  saying 
"  JJead  men  tell  no  tales."  He  himself  did  not  ac- 
company the  expedition.  Chief  among  the  villains 
was  ]Jiivid  Howard,  familiarly  called  Doc  Howai'd, 
an  intelligent  and  educated  man,  brav^e  beyond  (pies- 
tion,  and  skilled  in  the  practice  of  his  profession.  In 
all  alfairs  of  the  highway  he  was  looked  up  to  by  his 
conn-adc^s  as  their  leader.  Christopher  Lowry  stood 
next  in  evil  eminence,  being  as  ready,  as  lie  expressed 
it,  to  kill  a  man  as  to  kill  a  calf  Then  there  were 
James  P.  Remain,  an  apt  scholar  of  Chris  Lowry; 
William  Page,  timid  1)ut  useful,  as  bold  and  con- 
scienceless a  crew  as  ever  cut  throat  or  dashed  out 
brains  for  money. 

It  was  arranged  that  they  should  gain  Magruder's 
confidence  wliile  in  Virginia  and  assist  him,  and  under 
some  prcitext,  after  he  should  have  turned  his  goods 
into  gold-dust,  return  with  him,  and  as  opportunity 
oflfered  kill  and  rob  him. 

Doc  Howard  planned  the  campaign,  and,  as  the 
sequel  shows,  carried  it  to  completion  with  consum- 
mate nerve  and  ability.  Some  of  the  men  jNIagrudcr 
had  met  casually  at  Lewiston  and  The  Dalles,  but 
as  none  of  them  as  yet  were  notorious  for  their 
crimes  he  knew  nothing  bad  of  them.  It  was  the 
.special  business  of  Howard  and  his  party  to  make; 
tliemselves  agreeable  to  Magruder,  and  they  so  far 


THE  DEPARTURE. 


657 


succeeded  that  he  took  them  all  into  his  service  while 
in  Virginia.  This  was  a  groat  success  for  the  vil- 
lains. The  packer  had  need  of  temporary  assistance 
in  the  disposal  of  his  stock,  and  Howard  and  his  com- 
rades became  the  most  affable  and  eflicient  of  ser- 
vants. The  chief  and  his  lieutenant  acted  as  clerks  in 
the  store,  and  very  careful  were  they  that  none  of  the 
dust  handled  in  that  capacity  should  stick  t(^  their 
fiuijers.  Was  it  not  all  their  own?  Paufe  looked 
after  the  stock,  and  Romain  acted  as  cook.  Thus 
the  days  went  by;  in  due  time  the  business  was 
finished  and  the  [)acker  ready  to  return.  It  hap- 
])ened  that  four  friends  of  Magruder,  Charles  Allen, 
William  Phillips,  from  near  Marysville,  and  Hoi-acc 
and  Robert  Chalmers,  two  Missourians,  bi-others,  wore 
about  starting  for  Lewiston,  and  it  was  arranged  that 
they  should  travel  in  company.  Doc  Howartl  and  liis 
comrades  pretended  concern  in  finding  their  occupa- 
tion gone.  They  did  not  fancy  working  in  tlie  mines, 
they  said;  prospects  for  honorable  employment  were 
not  very  flattering,  and  they  would  by  no  means  cn- 
tcrfcain  any  other;  they  believed  they  could  do  better 
at  their  old  stamping-ground.  The  Dalles. 

Whereupon  the  artless  j)acker  said  to  them,  "Join 
us;  you  shall  be  welcome;  your  journey  sliall  cost  you 
nothing;  you  shall  each  have  a  fat  mule  to  ride,  and 
your  poorer  one  can  be  turned  out  along  witli  the 
stock;  your  presence  will  be  additional  protection." 
JMephistopheles  himself  could  not  liave  plotted  and 
j)erformed  better  than  Doc  Howard.  With  villainous 
gratitude  the  cutthroats  accepted  the  ])acker's  proi- 
f'ered  kindness.  All  being  in  readiness  the  j)ai'ty 
set  oi  o  .rom  Virginia  City  in  high  spirits  tlu^  ;^l 
of  October.  Besides  the  fourteen  thousand  dollars 
ill  gold-dust,  the  proceeds  of  his  stock  and  jiart  of 
his  pack-train,  Magruder  had  remaining  twenty-six 
mules,  which  with  six  mules  and  eight  horses  belong- 
ing to  Allen  and  other  members  of  the  party,  made 
forty  animals. 

Pop.  Tbio.,  Voi,.  I.    43 


111 


4'  ■ 


ill 


1 


'  ''An 


m 


C58 


THE  POPULAR  TRIBUNALS  OF  IDAHO. 


All  went  well  until  the  eighth  day  from  Bannock 
City,  at  which  time  a  point  was  reached  in  the  Bitter 
Root  Mountains  one  hundred  and  ninety  miles  from 
any  settlement,  being  west  of  the  divide  and  between 
the  Clearwater  and  Bitter  Root  Rivers.  It  was  hero 
Doc  Howard  proposed  to  make  his  stand  and  execute 
his  bloody  purpose.  The  two  months'  counterfeit  of 
honesty  to  these  men  was  becoming  irksome;  i)haii- 
tasnis  of  throat -cuttings  and  skull -crushings  had 
])layed  with  the  imagination  these  many  days,  until 
the  diabolic  deeds  themselves  had  become  familiar, 
had  been  acted  over  and  over  many  times,  so  that 
when  the  real  acting  of  them  came  there  was  a  cool- 
ness and  precision  about  all  they  did,  an  audacity  in 
the  scope  of  their  project,  a  fearlessness  of  conse- 
quence, a  hellish  abandon,  an  absence  of  race  sym- 
pathy and  humane  feeling,  unsurpassed  in  the  annals 
of  crime. 

It  was  bright  starlight  overhead,  though  round  the 
blazing  camp  fire  the  night  was  thick  with  dark  de- 
sign; white-sheeted  was  the  ground  with  snow,  but 
black  enough  the  hearts  that  harbored  this  so  foul 
treachery.  Earth  and  sky  sparkled  in  their  purity; 
Stygian  stench  came  mingled  with  fair  words  from 
human  breasts  in  which  burned  infernal  fires.  The 
custom  was  for  two  to  be  on  guard  during  the  night. 
The  guard  was  relieved  at  twelve  o'clock.  It  is  now 
ten,  the  hour  appointed  for  the  slaughter.  Two  tents 
are  pitched,  and  not  far  distant  blazes  the  camp  fire. 
Just  over  the  hill  the  nmles  are  browsing.  In  one 
tent  sleep  the  two  Missourians;  in  the  other,  Phillips, 
with  Remain  as  a  bedfellow,  Allen  a  little  apart,  and 
Page,  who  petrified  with  fear  lies  buried  in  his  blank- 
ets, for  he  is  informed  of  that  which  is  at  hand,  though 
by  reason  of  his  sunken  soul  he  is  excused  from  active 
participation  in  it.  Magruder  and  Lowry  are  ou 
guard.  Howard  lies  hidden  in  the  bushes  near  the 
animals.  As  if  returning  from  the  stock,  Lowry  aj)- 
proaches  Magruder,  who  is  seated  by  the  camp  fire, 


MURDER  MOST  FOUL. 


059 


and  informs  him  that  the  animals  are  restless,  and 
suggests  that  a  brush  fence  be  thrown  across  the  trail 
to  prevent  their  wandering.  Magruder  rises,  takes  up 
his  gun,  from  which  the  caps  have  been  removed,  and 
starts  oft'  with  Lowry,  who  carries  only  an  axe. 
When  near  where  Howard  is,  Lowry  stops  and  begins 
to  cut  brush  for  the  fence.  Magruder  stoops  to  gather 
the  brush,  when  Lowry  raises  the  axe  over  him  and 
bringing  it  down  buries  it  in  his  brain,  Howard 
rushes  out,  having  also  an  axe  in  his  hand,  and  gives 
Maffruder's  head  two  or  three  additional  blows. 
Howard  and  Lowry  then  proceed  to  the  tent  of  the 
two  Missourians,  and  each  with  his  axe  slays  one. 
Taking  then  their  guns,  they  enter  the  other  tent, 
which  is  the  signal  for  Remain  to  strike.  The  cry  of 
Phillips,  as  Remain's  axe  cleaves  his  skull,  rouses 
Allen,  who  is  immediately  shot  by  Howard,  and  this 
most  belluine  of  butcheries  is  finished. 

The  next  thing  to  be  done  was  to  cover  all  traces  of 
their  foul  murder,  that  it  might  not  be  too  quickly 
discovered,  that  the  countrj^  might  not  be  aroused 
before  they  should  have  time  to  escape  it.  For  that 
this  blood  should  cry  to  heaven  to  be  avenged,  they 
did  not  dream  of  aught  else;  but  let  now  the  roclcs 
and  mountains  fall  on  the  gory  evidence  of  their 
guilt  until  they  should  make  good  their  flight.  As  it 
was,  even  the  snow  and  starlight  were  painful  to  them ; 
for  all  nature,  grown  satanic,  seemed  now  to  laugh  and 
dance  as  in  derision. 

Wrapping  the  bodies  of  the  murdered  men,  some 
in  blankets  and  some  in  tents,  tlie  murderers  carried 
them  to  the  top  of  the  ridge  and  rolled  them  over  a 
precipice;  when,  returning  to  camp,  they  built  fires 
over  all  the  blood-bespotted  ground,  one  out  where 
Magruder  was  struck,  and  others  over  the  tent  floors, 
but  like  the  blood  of  murdered  Abel,  the  danming 
evidence  would  not  hush.  Though  they  made  great 
fires  which  should  consume  all  material  things  con- 
nected with  that  niffht's  work  and  threw  into  them 


iJil 


y 


GGO 


THE  rorULAR  TRIBUNALS  OF  IDAHO. 


the  camp  equipage,  paek-sacldles,  bridles,  ropes,  cook- 
ing utensils,  and  provisions;  and  though  they  after- 
ward picked  from  the  ashes  the  pieces  of  iron  wliich 
would  not  burn,  and  putting  them  into  gunny  bags 
carried  them  down  the  hill  and  hid  them  behiiul  a  log, 
throwing  the  superfluous  guns  into  the  bushes;  and 
though  they  likewise  washed  their  bloody  hands,  and 
buried  their  bloody  axes,  and  burnt  their  blooily 
clothes,  and  scattered  the  ashes,  so  that  in  the  morn- 
ing scarcely  a  vestige  of  the  camp  remained;  and 
though  they  even  threw  off  their  bt)ots  and  made 
moccasin  tracks  all  round  the  place  and  on  the  ridge, 
thus  attempting  to  lay  their  accursed  deed  at  tlie 
door  of  that  scape-goat  of  border  ruffianism,  the  mucli 
maligned  savage — vet  the  all-seeintj  heavens  woul<l 
not  cease  to  cry  it  aloud,  nor  the  impregnated  air  to 
whisper  it  wherever  winds  blew. 

Driving  the  animals  some  distance  from  the  trail, 
across  a  stream  and  upon  a  small  prairie,  tlicy  sliot 
all  but  eight  mules  and  one  horse.  Then  takinjji:  tlics 
gold-dust  which  they  had  picked  from  the  ])ockets  of 
tliu  murdered  men,  and  which,  as  is  usual  in  sucli 
cases,  was  not  as  much  as  they  had  expected  to  find, 
thev  rode  on  to  Lewiston.  Entering  the  town  about 
nine  o'clock  on  the  night  of  the  10th  of  October,  they 
put  up  at  the  Hotel  de  France.  Four  mules  they 
had  dropped  on  the  way;  the  remainder  of  the  ani- 
mals, accoutred  as  they  were  with  saddles,  blankets, 
cooking  utensils,  and  guns,  they  left  with  a  friend,  to 
be  called  for.  Page  then  proceeded  to  the  stage  oftico 
at  the  Luna  House  and  engaged  seats  for  four  pas- 
sengers to  Walla  Walla,  registering  the  names  as 
Smith,  Brown,  Perkins,  and  Clark. 

As  might  have  been  expected,  these  foolish  pro- 
ceedings on  the  part  of  the  robbers  did  not  pass  un- 
noticed at  Lewiston.  Page  had  been  recognized  by  a 
watchman  while  disposing  of  the  animals;  and  at  tlu; 
stage  office  next  morning  the  four  men  answering  to 
the  four  commonplace  names  were  closely  regarded 


HILL  BEACHY  PURSUES. 


GGl 


The  gold-ilust 


by  Hill  Beac'hv,  the  stage  agont,  and  others.  After 
they  had  started  the  stage-driver  noticed  that  they 
carried  considerable  gold-dust.  Continuing  their  jour- 
ney to  San  Francisco,  wherever  they  stopped  they 
assumed  new  names,  and  frequently  de|)ositetl  their 
gold  with  the  hotel  clerk  for  safe-keeping  during  the 
night.  Arrived  at  San  Francisco,  Page  and  J^owiy 
took  lodgings  in  a  pi'ivate  house,  while  Howard  and 
Romain  went  to  the  Lick  House 
they  de[)osit(!d  at  the  mint  for  coinage. 

Meanwhile  the  i)eople  of  Lewiston  wonder  where 
Magruder  is,  and  why  he  does  not  make  his  apjiear- 
ance.  From  the  Beaver  Head  country  men  arrive 
saying  that  the  packer's  party  had  left  two  days  l)e- 
forc  them  and  should  now  be  there.  The  stage-driver 
returning  reports  certain  peculiarities  of  the  four  pas- 
sengers. Closely  following  the  sui-mises  hence  ar- 
riving come  tidings  of  the  dead  bodies  of  Allen  and 
Phillips,  known  to  have  been  of  the  Magruder  Jiarty, 
and  the  air  round  Lewiston  becomes  thick  with  sus- 
picion. 

Taking  the  affair  from  this  point,  what  follows 
forcibly  illustrates  the  diiference  between  the  ability 
and  energy  of  court  officials  and  the  average  man  of 
business  in  ferreting  criminals  and  bringing  them  to 
punishment.  Every  thought  and  action  of  the  one  is 
hampered  by  form,  while  the  other  is  free  to  emj)loy 
his  wits  and  to  follow  them.  A  most  diabolical  murder 
lias  been  committed;  the  bodies  of  slain  citizens  are 
lying  in  the  mountains  while  their  butchers  are  riot- 
ing upon  the  proceeds  of  their  crime  in  the  city.  And 
there  law  would  leave  the  matter  impotent  to  avenge ; 
but  so  will  not  Hill  Beachy.  True,  interest  and 
friend^ip  unite  to  spur  the  stage  agent.  There  is 
a  large  amount  of  money  involved;  reports  of  such 
v^^holcsalc  slaughter  along  the  main  lino  of  travel  in 
Idaho  circulated  about  the  world  can  but  be  dam- 
aging to  his  business,  by  deterring  immigration; 
Magruder  is  a  man  of  family,  a  personal  friend  of 


662 


THE  POPULAR  TRIBUNALS  OF  IDAHO. 


Boacliy.  But  if  our  system  of  public  service  and 
our  court  enginery  were  what  they  siiould  be,  were 
what  those  who  Hve  by  them  affect  to  beheve  them, 
surely  there  sliouUl  be  some  means  of  manufacturing 
enthusiam  in  tlie  breast  of  a  public  officer. 

Going  round  where  the  animals  were  stabled,  Hill 
Beachy  recognizes  the  horse  and  one  of  the  mules  as  tlu; 
property  of  Magruder;  likewise  a  saddle  and  canteen, 
the  former  with  blood  ujjon  it,  he  knows  to  have  buin 
Magruder's.  Further  investigation  lixed  the  identity 
of  the  four  passengers.  The  stage  agent  now  remem- 
bers their  presence  and  departure  eastward  about  the 
time  Magruder  went  away.  As  if  by  inspiration  the 
whole  plot  flashes  ui)on  ^mui.  Magruder  is  murdered 
for  his  money,  and  the  four  men  are  the  nmrdertns. 
With  scarcely  a  moment's  hesitation  the  stage  agent 
determines  to  follow  the  assassins  and  bring  them  to 
justice.  Without  difficulty  he  tracks  them  to  San 
Francisco  and  secures  their  arrest. 

Says  Page  in  his  confession:  " Lowry  stopped  witli 
me  at  this  private  house  on  Dupont  street;  we  were 
arrested  by  Captain  Lees  of  the  police  at  this  house ; 
the  other  two  were  at  the  Lick  House.  When  we 
were  first  arrested  we  were  put  into  a  private  room 
and  guarded  closely.  Howard  was  acquainted  with 
the  captain  of  police;  there  was  an  arrangement  to 
get  out  a  writ  of  habeas  corpus;  the  captain  was  to 
have  all  but  one  thousand  dollars;  after  this  we  were 
all  put  together  so  we  could  tell  one  talc."  The  at- 
tempt to  release  the  prisoners  under  a  writ  of  hahen.'i 
cor2)us  failing  after  several  hearings  before  the  court, 
the  four  men  were  delivered  to  the  stage  agent,  who 
had  been  sworn  in  as  deputy-sheriff,  and  with  the  as- 
sistance of  two  men  who  had  accompanied  him  from 
Idaho  the  prisoners  were  brought  back  to  Lewiston, 
where  they  arrived  on  the  8th  of  December,  stopping 
at  the  Luna  House. 

In  other  times,  before  and  since,  these  men  would 
have  been  seized  and  hanged  by  the  people  before 


TRIAL  AND  EXECUTION. 


603 


ever  they  had  readied  Lcwiston.  Within  the  year 
the  Lewiston  Vif^ihmee  Coininittee  had  executed 
three  men  for  a  tithe  of  the  present  villainy.  On  this 
occasion,  as  if  by  common  consent,  it  was  resolved  to 
let  the  law  do  the  work.  They  had  a  new  governor, 
a  new  judge,  and  bright  unused  court  machinery; 
of  all  which  they  were  very  proud.  They  were  tired  of 
stringing  and  strangling,  and  were  only  too  ghul  that 
their  great  and  good  uncle  at  Washington  had  sent 
them  these  thief-traps  and  rogue-exterminators,  and 
now  they  were  curious  to  see  them  in  operation. 
Hence  it  was  when  the  four  prisoners  entered  town 
there  was  no  violent  demonstration,  and  they  were 
allowed  to  remain  in  the  stage  agent's  hands,  as  a 
deputy-officer  of  the  law,  during  trial. 

Previous  to  the  trial  Page  made  a  full  confession, 
which  rendered  the  work  of  the  court  easy,  and  lor 
which  he  was  excused  from  beinir  hanjjfed.  It  is  another 
of  the  oddities  of  law  that  the  punishment  of  one 
of  the  vilest  villains  of  the  gauij:  is  mitimited  as  a  re- 
ward  for  yet  more  dastardly  meanness,  enticed  thereto 
by  the  law  in  the  hope  of  saving  himself  at  the  ex- 
pense of  his  comrades.  Tried  and  condemned,  though 
denying  the  truth  of  Page's  statement,  Howard, 
Lowry,  and  Pomain  were  executed  at  Lewiston  the 
4th  of  March  18G4.  Page  was  shot  by  a  low  charac- 
ter at  Lewiston  the  25th  of  December  18GG  and  in- 
stantly killed. 

When  in  May  1 8C4  the  Idaho  Vigilance  Committee 
suspended  active  operations  tliey  summed  up  the  work 
accomplished,  and  found  the  result  to  be  twenty-seven 
thieves  and  murderers  hanged  and  a  gang  of  despei-- 
adoes  broken  up  during  the  year  previous.  These 
had  murdered  more  than  a  hundred  men,  besides  com- 
mitting numerous  minor  robberies. 

The  Committee  at  this  time  did  not  disorganize 
nor  even  disband;  they  merely  rested  for  a  time. 
But  this  rest  was  of  short  duration.     Crime,  intimi- 


.9'':s 


C04 


THE  POPULAR  TRIBUNALS  OF  IDAHO. 


dated  for  the  moment,  broke  f>ut  anew,  and  the  Com- 
mittee found  it  an  absohite  necessity  again  actively  to 
take  tlie  field.  Two  years  later  we  hear  from  them 
in  tile  following  incident: 

The  grand  jury  reporting  at  Idaho  City  in  ]May 
18()4  found  nine  bills  for  nuirder  and  thirty  for  assault 
with  deadly  weapons,  which  for  the  law  was  doin<>- 
very  well  in  a  town  so  new  as  to  have  neither  church 
noi-  school,  and,  as  in  the  ruby  days  of  California,  where; 
large  and  brilliantly  lighted  gamliling  saloons  wi;re  in 
full  bhist  <lav  and  nii^ht  with  loaded  tables,  revolvers, 
and  bands  of  nuisic. 

A  vigilance  committee  was  formed  at  Payette  Val- 
le\'  in  the  winter  of  1HG4-5  for  the  [luqtose  of  clearing 
that  neighborhood  of  the  numerous  horse-thieves  and 
gold-dust  counterfeiters.  A  den  of  these  counterfeiters 
was  broken  u[)  about  the  1st  of  January,  their  inij)le- 
ments  being  seized.  These  consisted  of  a  mill  in  whicli 
they  ground  their  bogus  dust,  a  lot  of  spelter,  and 
some  crucibles.  Five  men  were  ca[)tured.  There  was 
an  inunediate  scattering  of  the  fraternity  in  every 
direction.  Some  fled  to  Auburn,  others  went  over 
into  the  Grande  Ronde  Valley,  and  other's  crossed  the 
mountains  to  Walla  Walla.  In  l»oldness  and  (lui)licity 
the  desperadoes  of  the  region  round  Payette  and 
Burnt  rivers  equalled  any  in  the  Pacific  States.  Pack- 
trains  were  frequently  waylaid,  such  of  the  mer- 
chandise taken  as  the  robbers  could  use,  and  the  mules 
driven  off.  Highwaymen  and  cattle -thieves  often 
dressed  as  Indians  and  took  special  care  that  the 
ground  about  the  scene  of  an  on'^laught  should  be 
well  covered  wi  h  moccasin  tracks.  In  one  of  their 
camps  were  fon  \d  by  a  surprise  party  all  the  para- 
phernalia for  I  'ian  imitation,  bows,  arrows,  toma- 
hawks, skins,  set,  is,  and  the  like. 

In  Idaho  at  thi  time  politics  was  a  sentiment  which 
affected  local  int(  ests  about  as  much  as  an  Alaskan 
north  wind  afFect:  a  norther  of  the  Mexican  gulf  In 
the  summer  of  1865  a  gambler,  Patterson,  a  seces- 


THE  GAMBLER  PATTERSON. 


GG5 


Kionist  niul  doniofrat,  shot  an  ox-shorilT,  Piiikliam,  a 
union  man  and  ri'puhlican.  Tlu;  lornicr  saved  liiniseli' 
iVoni  |io[tular  tiny  l»y  hnniecliatoly  (U'livciin^-  liim- 
sclf  to  the  law.  The  jj^rand  jury  was  in  session  at  the 
time,  but  falkul  to  indict  him,  and  lie  was  held  lor 
another  jjjrand  jury.  AFeanwhile  the  |>e()j»le  thought 
they  saw  more  politics  than  justice  in  the  [)rocee(linj^s, 
and  or<;anized  a  vi«:filance  connnittee  for  the  j)nrjiose 
of  takinjir  Patterson  from  jail  and  hani^iuijr  him.  The 
authorities,  law  and  order  men,  and  secession  sym- 
pathizers rallied  to  the  protection  of  the  prisonei",  and 
gathered  rountl  the  jail  to  the  number  of  one  hundred 
and  fifty  men,  well  armed  with  rifles  and  i-evolvers. 
Opposed  to  them  gathered  three  hundred  aimed 
citizens.  Each  side  drew  up  in  battle-array.  Tiie 
<-itizens  occupied  the  streets  leading  to  the  prison  and 
the  hills  adjacent.  After  three  days'  maiUL'Uvring, 
attended  by  no  little  brufidii  J'lifincn,  the  peo[>lo  with- 
drew their  forces,  leaving  the  felon-worshipi)eis  mas- 
ter.s  of  the  situation.  Party  spirit  was  the  actuating 
motive  on  either  side  rather  than  simple  love  of 
justice,  and  firing  once  begun,  a  bloody  battle  would 
have  been  the  inevitable  result.  In  due  time  the  case 
was  brought  to  trial;  the  prisoner  was  found  not 
guilty,  and,  with  the  congratulations  of  the  judge,  was 
discharged. 

Says  the  Boise  City  Statesman  of  the  3d  of  Sep- 
tember 18G5: 

"  Wc  doubt  if  the  legal  annals  of  any  country  on  the  continent  can  present 
a  parallel  to  this  state  of  things.  I'eople  have  ceased  to  feci  that  life  is  pro- 
tected by  the  law;  tlicy  have  ceased  to  feel  that  punislinient  follows  crime; 
and  hence  good  men,  who  wouhl  gladly  let  the  law  take  its  coui'se  if  it  could 
lie  enforced,  feel  that  they  must  either  protect  themselves  without  the  forma 
of  law  or  they  will  be  a  prey  to  a  legal  lawlessness  worse  than  mob  rule  itself. 
We  know  that  this  is  a  bod  s*  .te  of  things.  Wu  can  realize  wliy  men  feel 
driven  to  the  desperate  expedient  of  lynch  law,  and  while  we  do  not  approve 
we  feel  hardly  able  to  denounce  it. 

"  There  should  be  no  excuse  for  such  things.  If  men  in  authority  did  their 
iluty  there  would  be  none.  It  is  the  abiding  conviction  of  many  of  the  best 
men  in  IJoisii  County  that  the  machinery  of  the  courts  is  but  a  farce  to  enable 
cruuiiiala  to  escape.    It  is  uot  a  thirst  for  blood  on  the  part  of  good  citizens 


THE  POPULAR  TRIBUNALS  OF  mAHO. 


that  leads  them  to  encourage  vigilant  organization,  but  it  is  a  desire  for  justice, 
a  wish  for  protection,  and  a  belief  that  there  is  no  other  means  for  attaining 
the  end.  When  men  like  Patterson  are  sun'ounJed  by  a  crowd  of  roughs  who 
evince  a  determination  to  prevent  a  fair  trial  according  to  the  form  of  law, 
then  the  better  class  cease  to  respect  those  forms.  It  is  notorious  that  Patter- 
eon,  instead  of  being  treated  as  any  other  person  charged  with  crime,  is  the 
recipient  of  the  iinest  hospitalities  that  the  jail  affords.  A  fine  room,  fitted 
up  in  the  best  style  for  a  gentleman,  not  inside,  but  outside  the  prison,  is  his 
house.  Ho  is  surrounded  by  guards  whom  many  honest  men  believe  unsafe 
and  untrustworthy,  who  they  believe  intend  simply  to  protect  him  from  his 
enemies,  and  not  enforce  the  law  if  it  should  be  against  him.  He  walks  the 
street  with  a  single  man  at  his  side,  and  from  whom  if  he  chose  ho  could 
«iscape  at  any  moment.  Now  if  he  be  entirely  innocent,  we  tell  the  authorities 
it  is  no  way  to  enforce  the  law.  You  bring  discredit  on  yourselves  by  this 
conduct  if  you  are  acting  in  good  faith.  Treat  all  criminals  alike ;  show  a  dis- 
position to  enforce  the  law  against  all  in  the  same  just  way,  and  no  one  will 
suspect  your  integrity.  Show  to  the  people  that  though  a  man  may  have 
friends  by  hundreds  banded  for  his  protection,  the  law  shall  have  due 
course,  an  "hey  will  cease  to  complain  and  organize  to  execute  the  law  for 
themselves." 

Up  to  this  time,  if  we  may  believe  the  district  at- 
torney, within  the  hmits  of  Boise  County  there  had 
occurred  some  sixty  deaths  by  violence  without  a 
sinjjle  conviction  of  murder  in  the  first  deifree.  So 
late  as  January  1866,  there  was  no  territorial  prison 
in  Idaho  and  no  prison  facilities  for  the  safe-keeping,^ 
of  territorial  prisoners  other  than  the  provisons  that 
the  county  jails  of  Boisd  and  Nez  Perces  should  bo 
considered  such  temporarily.  Every  new  community 
is  obliged  at  an  early  date  to  provide  lodgment  and 
food  for  its  evil-doers;  and  among  the  first  contribu- 
tions the  people  are  called  upon  to  make  are  those  for 
the  buikMng  of  some  structure,  perhaps  the  most  im- 
posing in  the  state,  as  a  caravansary  for  criminals. 
Thus  it  is  that,  whether  at  large  or  under  confinement, 
thieves  and  murderers  subsist  at  the  expense  of  tho 
honest  and  industrious.  It  is  little  wonder,  then,  that 
impatient  border  men  should  favor  short  shrift  for  these 
troublesome  and  expensive  vermin.  It  is  a  sad  coiii- 
mentary  on  human  nature  that  the  cry  of  penitentiary 
is  heard  as  among  the  first  necessities  of  association. 
Punishment  constitutes  the  primary  pleasure  of  gov- 
ernment. 


BOISl!:  VIGILANCE 


667 


David  C.  Updyke,  sheriff  and  tax-collector  of  Ada 
County,  was  arrested  on  the  28th  of  September  1865, 
charged  with  defrauding  the  revenue  and  for  failing 
to  arrest  West  Jenkins.  Alfred  Slocum,  treasurer  of 
Boisd  County,  was  arrested  in  January  1866  for  de- 
falcation to  the  amount  of  about  eight  thousand  dol- 
lars. Updyke  was  soon  at  liberty,  under  bonds,  but 
they  were  bonds  which  were  easily  broken. 

The  Ada  County  Volunteers,  of  which  Reuben 
Raymond  and  John  C.  Clark  were  members,  had  re- 
cently returned  from  a  raid  upon  the  natives.  The 
2d  of  April  1866  a  case  concerning  transportation  for 
the  company  was  before  the  court,  in  which  Raymond 
testified.  Next  morning  abouu  nine  o'clock,  while 
Raymond  and  another  were  disputing  about  the  facts 
in  the  evidence,  Clark  came  up,  joined  in  the  quarrel, 
and  soon  Raymond  gave  him  the  lie.  Tliereup(Mi 
Clark  rushed  upon  Raymond,  who  dodged  and  drew 
his  pistol.  Clark  then  drew.  To  some  by-standers 
who  now  attempted  to  interfere,  Raymond  said, 
"  Don't  be  afraid;  I  am  not  ijoinij:  to  shoot." 

"  Shoot!"  cried  Clark,  '*  I'm  going  to  fire." 

"  I  don't  want  to  shoot,"  returned  Raymond;  "I'll 
give  you  the  first  shot." 

One  would  think  so  magnanimous  an  offer  would 
have  disarmed  any  but  a  venomous  reptile.  Taking 
deliberate  aim  Clark  i)uLv;d  the  trigger.  The  cap 
snapped  without  exploding  the  charge.  Again  he 
repeated  the  operation,  this  time  witli  fatal  effect. 
Raymond  made  no  attempt  to  shoot;  he  received 
Clark's  ball  in  the  abdomen,  and  next  day  died. 
Cark  was  committed  for  murder. 

On  the  night  of  the  7th  of  April,  Clark  was  taken 
from  the  guard-iiouse  at  Boise  City  by  some  twenty 
masjiked  men  and  iumgcd  just  outside  the  town,  upon 
a  gibbet  constructed  with  three  poles.  Pinned  to  one 
of  the  poles  was  the  following  notice: 

"No.  1. 
"Justice  has  now  c')mtnt,.cc(I  her  righteous  work.    This  suffering  com- 
muuity,  whicli  hasj  uheaily  lain  too  lung  under  the  ban  of  rutiiuuiaui,  aliall 


■J 


668 


THE  POPULAR  TRIBUNALS  OF  IDAHO. 


now  be  renovated  of  its  thieves  and  assassins.  Forbearance  has  at  last  ceascl 
to  be  a  virtue,  and  an  outraged  community  has  most  solemnly  resolved  on 
self-protection.  Let  this  man's  fate  be  a  terrible  warning  to  all  his  kind,  fur 
the  argus  eye  of  justice  is  no  more  sure  to  see  than  her  arm  will  be  certain  to 
strike.  The  soil  of  this  beautiful  valley  shall  no  longer  be  desecrated  by  tlio 
presence  of  thieves  and  assassins.  This  fatal  example  has  no  ten-or  for  the 
iruioccnt,  but  let  the  guilty  beware,  and  not  delay  too  long,  and  take  warning. 

"XXX." 

Says  the  Carson  Aj^peal  of  the  28th  of  April  18GG : 

"  It  will  be  remembered  that  Clark  was  recently  committed  to  answer  to 
the  charge  of  murdering  Reuben  Raymond.  He  was  deemed  guilty  of  wilful 
murder,  and  the  citizens  i^revented  his  living  long  to  enjoy  the  achievement, 
lie  wa.j  forcibly  taken  from  prison  and  executed  by  men  in  disguise.  Parties 
wlio  condemned  the  act  and  actors  soon  found  their  occupation  gone.  The  city 
was  threatened  with  fire,  and  everj'botly  thus  warned  is  prepared  and  will 
prevent  incendiarism.  From  all  we  can  learn,  if  a  certain  Ijehavior  is  notice- 
able, tlierc  will  be  considerable  work  for  the  coroner,  undertaker,  and  sexton 
at  the  capitfd.  Wo  hear  it  stated  that  this  is  an  extension  of  the  Montana 
Committee,  and  that  all  the  through  and  cross  stage  lines  are  favorable  to  the 
organization ;  also  that  leading  citizens  lend  their  smiles.  In  view  of  the 
prompt  anil  scientific  mJinner  of  execution  just  adopted  in  Idaho,  men  of  i'le- 
gitimate  occupations  would  do  well  to  reform  or  emigrate.  However  wrong 
the  method  of  punishment,  facts  must  not  lie  ignored.  It  don't  change  the 
real  state  of  facts  to  charge  the  vigilants  with  the  conuniasion  of  the  same 
crime  of  which  their  victims  were  guilty.  The  Boist^ites  have  others  in  view, 
or  wliy  laljel  this  subject  No.  1  ?" 

On  Saturday  the  1 4th  of  April  18G6  the  body  of 
D.  C.  Updyke  was  discovered  at  Sirup  Creek,  hani;- 
ing  in  a  shed  between  two  houses,  with  the  following 
notice  pinned  to  the  body: 

"DAVE    UPDYKE, 

' '  The  aider  of  murderers  and  horse-thieves. 

"XXX." 

Next  day  a  few  miles  down  the  creek  the  body  of 
James  Dixon  was  found  hanging  to  a  tree.  Monday 
morning,  posted  on  Main  street,  Boisd  City,  writtou 
by  the  same  hand  that  wrote  tlie  notice  fastened  to 
the  swinging  bodies,  was  the  following : 

"DAVE  UPDYKE, 

"  Accessoi-y  after  the  fact  to  tlic  Port  Neuf  stage  robbery. 
"Accessory  and  accomplice  to  the  robbery  of  the  stage  near  Bois^  City  iu 
18G4. 

"Chief  conspuator  in  burning  property  on  the  overland  stage  line. 


UPDYKE,  DIXON,  CLiiRK. 


GG9 


"Guilty  of  aiding  ind  assisting  West  Jenkins,  the  murderer,  and  other 
criminals  to  csoaptj,  while  you  were  sheriff  of  Ada  County. 
"Accessory  and  accomplice  to  the  murder  of  Baymond. 
"  Tlireatening  the  lives  and  property  of  an  already  outraged  and  suffering 
community. 

"Justice  has  overtaken  you. 

"'XXX  " 
"JAKE  DIXON, 

"  Horse-thief,  counterfeiter,  and  road  agent  generally. 
"A  dupe  and  tool  of  Dave  Updyke. 

"XXX." 

"All  the  living  accomplices  in  the  above  crimes  are  known  through 
Updyke's  confession,  and  will  surely  be  attended  to. 
"The  roll  is  being  called. 

"XXX." 

Commenting  upon  the  execution  of  Clark,  and  on 
affairs  in  general,  the  Idaho  Statesman  of  the  22d  of 
April  says: 

"For  something  more  than  two  years  this  territory  has  been  ridden  and 
ruled  by  both  organized  and  in  organized  bands  of  men,  who  have  made  high- 
way and  private  robbery,  burglary,  and  murder  when  necessary  for  that  pir.-- 
posc,  their  profession;  juries  and  officers  of  the  courts  have  been  ten'ilied  by 
their  threats  from  a  discharge  of  their  duties,  and  in  some  instances  they  ha\e 
succeeded  in  being  elected  to  offices  of  trust  only  to  betray  the  too  confiding 
public  into  the  hands  qf  their  bloody  confederates,  or  to  assist  criniinjils  to 
escape  rather  than  to  discharge  their  duty  by  bringing  them  to  justice.  I'ur- 
glary,  robbery,  and  murder  were  of  almost  daily  occurrence  and  defied  tlctcc- 
tion.  And  when  there  was  a  faithful  officer  to  faike  tlio  track  of  an  odciider, 
he  soon  found  his  prey  so  well  guarded  by  confederates  that  captiiie  was  all 
but  an  impossibility.  And  when,  as  it  sometimes  liappencd,  an  arrest  was 
made,  witnesses,  jurors,  and  prosecuting  officers  were  tlireatened  witli  speedy 
death  if  they  dared  to  go  on  in  the  discharge  of  their  duty,  to  such  an  extent 
that  criminal  trials  have  become  a  mockery.  Good  citizens  liave  trembled  for 
their  personal  safety  for  having  served  on  a  grand  jury.  The  expn-ss  and 
stage  companies  liave  been  oblige<l  to  conduct  tlicir  operations  witli  the  utmost 
secrecy  to  avoid  robbery  by  villains  wliom  they  knew  to  be  daily  in  tlitir 
offices  and  on  their  stages  watching  for  opportunities  of  plunder.  If  a  mer- 
chant intended  to  leave  towni  on  business  lie  used  every  precaution  to  conceal 
the  time  of  his  departure,  so  as  to  lessen  th  >  chances  of  being  roljbed.  It  is 
useless  to  state  what  is  so  notorious  a  fact,  that  a  nniltitude  of  llio  foulest 
nuu'ders  have  gone  entirely  unpunished.  To  such  a  degree  has  tlii.s  state  of 
things  existed  that  the  law  seemed  to  present  no  check  to  whatevcu-  outrages 
the  villains  that  habitually  prey  upon  society  choose  to  commit.  It  is  tnio 
the  territory  had  laws,  but  a  reign  t»f  teri'or  prevented  their  execution.  Space 
forbids  us  to  mention  the  numerous  atrocities  that  make  up  the  long  list  cf)ni- 
niittcd  hero  in  Boisti  City.  The  last  one  was  the  deliberate  nuirder  of  ILay- 
uioud,  because  he  testified  to  the  truth  in  a  court  of  law.     Before  his  almost 


m 


m 


THE  POPULAR  TRIBUNALS  OF  IDAHO. 


lifeless  bo<ly  was  rcmovod  from  the  place  where  he  fell,  D.  C.  Updyke  stepped 
up  to  a  prominent  citizen  of  this  place  and  significantly  said,  '  That  affair 
grew  out  of  the  lawsuit  yesterday,  and  there  will  be  many  more  like  it.'  The 
whole  tenor  of  the  preliminary  examination  of  Clark  gave  the  ansurance  that 
tlic  same  means  that  had  defeated  justice  so  often  before  were  t')  be  used  to 
their  utmost  in  this  case.  That  Clark  was  committed  to  await  trial,  and  after- 
ward seized  and  executed,  is  well  known.  Updyke  was  most  ferocious  in  hia 
threats  against  several  citizens,  whom  he  charged  with  having  a  hand  in  tliu 
execution,  and  finally  as  he  left  town  announced  his  intention  of  returning  to 
pay  Cois(S  City  one  more  visit  to  get  even,  or  to  that  effect.  He  has  been  ex- 
ecuted, as  also  a  confederate  who  went  away  with  him.  As  to  the  terror  that 
has  reigned  for  the  last  two  years,  it  has  come  to  an  end.  Good  citizens  and 
peaceable  men  walk  the  streets  and  go  about  their  business  in  comparative 
Kifety.  The  grand  jury  that  is  now  in  session,  when  their  labors  are  done, 
may  disperse  without  danger  of  being  assassinated  for  the  discharge  of  their 
duty.  There  is  no  alarm  in  the  community  and  no  terror  for  any  one  excei)t 
those  who  prey  upon  society  and  their  fellow-men.  Such  is  the  exact  contli- 
tion  of  afTairs  to-day.". 

The  Idaho  World,  printed  at  Idaho  City,  was  the 
law  and  order,  democratic,  and  anti-vigilance  organ  of 
the  day.  The  Idaho  Statesman,  printed  at  Boise  City, 
favored  the  vigilance  party.  One  saw  evil  in  every 
popular  movement;  the  other  only  good.  The  death 
of  P.  M.  jMcManus,  reported  as  tlje  result  of  the 
accidental  discharge  of  his  own  pistol  on  the  night 
of  the  8th  of  August  18G7,  is  charged  directly  by  the 
World  upon  the  Vigilance  Committee  as  a  murder. 
All  in  due  time  it  came  round,  however,  that  mur- 
derers were  permitted  to  pursue  their  avocations  in 
peace;  so  that  when,  on  the  31st  of  March  18G8,  J. 
Marion  More,  the  discoverer  of  Boise  Basin,  was 
killed,  the  World  complimented  the  people  on  their 
good  behavior.  The  killing  of  More  grew  out  of  a 
dispute  between  the  Ida  Elmore  and  the  Golden 
Chariot  mining  companies,  involving  the  boundary 
lines  of  the  respective  claims.  In  the  dispute  More 
had  acted  on  behalf  of  the  Ida  Elmore  claim.  Mat- 
ters were  satisfactorily  adjusted  between  the  com- 
panies; and  it  was  in  an  after  discussion,  mingled 
with  fiery  potations,  that  the  killing  occurred. 

Jimmy  Powers,  Jimmy  Reed,  and  Jack  O'Neal 
were  taken  from  prison  at  Bear  River  City  the  night 


LAXITY  OF  LAW. 


671 


of  the  10th  of  November  18G8.  Next  morning  the 
bodies  were  found  suspended  from  a  beam  of  the  build- 
ing with  a  notice  pinned  to  each  to  the  effect  that 
other  garroters  of  that  or  other  bands  if  caught  would 
be  similarly  treated. 

Chung,  Kum,  and  Fung,  each  with  an  Ah  before 
his  name,  seized  a  fourth  Ah  at  Grimes  Creek  in  Oc- 
tober 1869,  whom  they  claimed  had  spirited  away  five 
hundred  dollars  of  their  earnings,  knowledge  of  the 
whereabouts  of  which  they  hoped  to  reach  by  the 
'Melican  process  of  strangulation.  A  butcher  happen- 
ing to  pass,  notice  was  given  of  the  affair;  the  Clihia- 
man  in  chancery  was  released  and  his  tormentors 
committed. 

In  1870  the  Idaho  Statesman  thus  reviews  the 
annals  of  crime  in  that  territory  for  the  eight  previous 
years : 

"  Four  men  have  been  shot  to  death  in  Idaho  during  the  last  two  weeks. 
And  something  like  two  hundred  have  been  hurried  into  eternity  during  the 
last  eight  years  at  the  hands  of  violence,  a  large  proportion  of  them  downright 
murders.  Five  murderers  only  have  been  hanged  by  the  courts  in  the  same 
length  of  time,  three  of  them  the  villains  who  killed  Magruder,  the  fourth 
Sim  Walters,  who  killed  Bacon,  the  fifth  one  Anthony  McBride,  who  mur- 
dered a  Chinaman  three  years  ago.  Many  of  these  murderers  have  gone  to 
other  territories,  and  in  turn  got  killed  or  hanged;  some  have  died,  some  are 
scattered  about,  and  the  remainder  are  still  in  Idaho  running  at  large.  One 
or  two,  we  believe,  by  some  mismanagement  are  in  prison,  but  will  no  doubt 
be  released  at  the  tenn  of  court  being  held  at  Idaho  City.  The  ratio  of 
bloody  crime  is  increasing  and  will  increase  until  the  law  is  more  rigorously 
enforced." 


II    !■ 


M 
m 


James  M.Wood  had  lain  in  the  Lewiston  jail  some 
six  months  for  the  murder  of  Thomas  Dulf(!y,  and 
had  been  tried  and  convicted,  when  Governor  1  Jallanl 
commuted  the  death  sentence  to  imprisonment  for 
life.  The  people,  however,  frcm  tlie  first  had  deter- 
mined the  man  should  die.  About  four  o'clock  on  the 
morning  of  the  13th  of  January  1870,  a  body  of 
armed  men  disguised  as  Indians  ap})roaclied  the 
prison,  and  while  some  of  them  quieted  the  jailer  with 
their  display  of  pistols,  others  took  the  prisoner  to 


t\ 


672 


THE  POPULAR  TRIBUNALS  OF  IDAHO. 


the  junction  of  the  Clearwater  and  Snake  rivers,  and 
in  an  unoccupied  building  hanged  him  until  dead. 
This  action  on  the  pai-t  of  the  people  was  not  the  re- 
sult of  momentary  exciter,  .ent,  but  of  months  of  cahn 
reflection.  They  felt  that  a  great  crime  had  been 
committed,  that  the  man  Wood  had  had  a  fair  trial, 
and  that  the  verdict  of  the  jury  was  just.  They  could 
not  therefore  see  justice  robbed  by  a  weak  or  corrupt 
official. 

Reviewing  the  past  and  surveying  the  present,  the 
editor  of  the  Idaho  Statesman  the  25th  of  June  1870 
writes : 

"In  all  newly  settled  countries  we  naturally  expect  for  a  while  a  laxity  in 
the  enforcement  of  laws  and  an  undue  prevalence  of  crime.  Idaho  cannot, 
or  at  least  should  not,  be  classed  under  this  head.  We  have  Iwen  an  organ- 
ized territory  for  over  seven  years.  During  that  period  wo  have  enjoyed 
everything  allowed  by  the  central  govennncnt  to  'a  territory ;  we  have  our 
schools,  churches,  civic  societies,  and  newspaiters ;  we  are  within  i)rompt  niul 
early  communication  with  the  commenntl  marta  of  trade  and  centres  of  intel- 
ligence, rofmemcnt,  and  civilization.  We  have  our  courts  of  j  4cc,  an  ahle 
and  intelligent  bar,  jails,  and  a  penitentiary  for  the  reception  of  malefactors. 
T?ut  notwithstanding  all  this,  if  asked  if  crime  is  punished,  we  are  compelled 
to  answer  in  the  negative.  Since  the  organization  of  the  territory  there  have 
been  but  two  legal  executions  in  the  counties  of  Ada,  Boise,  Alturas,  and 
Owyhee.  Murders  have  been  so  numerous  during  the  same  period  that  v.u 
are  iniprepared  to  give  the  list  without  consulting  the  records.  We  will  take, 
however,  the  past  year,  commencing  with  July  4,  1809:  In  the  cities  of 
Silver,  LoisiJ,  and  Idaho,  in  a  little  over  eleven  months,  eight  murders  have 
been  committed.  Of  this  number  four  of  the  pcrpel  .vtors  were  ac(iuitteil ; 
one  is  still  confined  in  jail,  trial  having  been  postponed  on  the  plea  of  insanity, 
which,  as  wo  all  know,  is  equivalent  to  acquittal ;  one  was  convicted  of  man- 
slaughter and  sentenced  to  ten  years  in  tho  penitentiary,  but  jiardoncd  after 
about  two  months'  confinement,  on  the  petition  of  numerous  citizens  of 
Owyhee,  it  having  been  represented  by  them  to  the  executive  that  he  had 
shot  tho  wrong  man,  therefore  no  crime  -was  committed,  and  the  killing  was 
lawful.  Another  case,  a  Chinaman,  upon  being  convicted  of  murder  and  sen- 
tenced to  be  hanged,  comi;.Hted  suicide,  showing  that  he  concurred  with  the 
verdict  of  the  jury.  Shooting  and  stabbing  affrays  have  also  occurred  during 
the  same  period,  not  resulting  in  death,  too  trilling,  however,  to  attract  the 
attention  of  the  people.  How  does  all  this  appear  abroad?  Is  it  calculated  to 
encourage  immigration?  Can  we  expect  our  fertile  valleys  to  be  liUed  with  an 
industrious  class  of  farmers,  our  cities  with  intelligent  mechanics  and  arti- 
sans? No;  such  people  only  emigrate  to  places  where  laws  arc  enforced, 
peace  and  (i[uiet  prevail,  and  life  and  property  are  protected. 

"Wherein  does  tho  remedy  for  these  evils  lie?   ChieLy  with  the  court. 


"VSH^I 


WALTERS  AND  SIMMS. 


073 


A  judge  should  go  on  the  beuch  tinn  and  impartial,  with  the  courage  uml 
learning  not  only  to  vindicate  the  majesty  of  the  law,  but  also  to  do  justice  to 
the  prisoner,  whoever  he  or  she  nuiy  be.  Wc  can  relate  at  least  one  crintinul 
trial,  of  very  recent  occurrence,  in  which  the  unmistakable  and  unwarrantable 
bias  of  the  judge,  David  Nogglu,  had  the  effect  of  creating  in  the  mind  of  tiie 
jury  a  determination  to  acquit.  Again,  another  evil  to  be  done  away  with  is 
the  reckless  and  unthinking  manner  in  which  petitions  are  gotten  up  in  behalf 
of  convicted  felons.  A  morbid  feeling  of  mistaken  friendship  in  a  few  awakens 
in  the  breast  of  the  many  a  sickly  sentiment  which  wrongfully  assumes  the  garb 
of  mercy,  thus  indirectly  giving  encouragement  to  the  further  perpetration  of 
acts  of  crime.  Tliis  subject  will  bear  referring  to  again,  aiiu  wc  shall  do  it 
until  the  people  have  awakened  to  the  necessity  of  a  strict  enforcement  of  t!ie 
law  against  those  who  shed  human  blood  so  recklessly." 

At  Idaho  City,  at  eleven  o'clock  the  21st  of  July 

1870,  the  prisoners,  seven  or  eight  in  number,  took 
forcible  possession  of  the  jail.  The  keepers  were 
driven  within  the  grating  and  confined  there;  the 
prisoners  then  seized  the  arms  and  j)artially  made 
their  escape.  The  citizens  quickly  rallied  and  cap- 
tured all  but  one,  Williams,  from  Owyhee.  There  was 
considerable  firing  and  three  were  wounded. 

There  was  a  man  named  Walters  lyinsf  in  th(^ 
Lewiston  jail,  who,  according  to  the  term«  of  his  sen- 
tence, should  have  been  executed  the  i)th  of  June 

1871,  but  to  the  indignation  of  the  people  the  sheriff 
failed  to  perform  his  duty.  Hence  it  was  the  Indian 
disguise  was  again  assumed  by  the  Committee,  and 
on  the  night  of  the  day  on  which  Walters  was  to 
liave  suffered,  the  jail  was  forced  and  the  prisoner 
executed.  It  seems  that  the  prosecuting  attorney  had 
persuaded  the  sheriff  that  the  sentence  was  illegal,  and 
that  it  was  his  duty  to  disregard  it.  The  gallows  had 
been  erected  the  day  before  the  execution,  but  had  been 
subsequently  taken  down  by  friends  of  the  prisoner. 

Sirams,  a  resident  of  Payette  Valley,  was  hanged 
by  the  people  in  May  1874  on  a  charge  of  fraudu- 
lently concealing  cattle  belonging  to  a  Mrs  Ray.  . 

Pop.  Tub.,  Voi..  I.   43  ' 


CHAPTER  XXXV. 


POPULAR  TRIBUNALS  OP  MONTANA. 


Tender-handed  stroke  a  nettle, 

And  it  stinga  you  for  your  pains; 
Grasp  it  like  a  man  of  mettle, 

And  it  soft  as  silk  remains. 
'Tia  the  same  with  common  natures. 

Use  'em  kindly,  they  rebel; 
But  be  rough  as  nutmeg  graters, 

And  the  rogues  obey  you  well 

Aaron  Hill. 

Montana,  that  is  to  say  montaila,  or  mountain, 
dates  its  territorial  organization  May  1864,  prior  to 
which  time  it  was  part  of  Idaho,  from  the  north- 
eastern portion  of  which  territory  it  was  mostly  taken. 
The  region  is  rich  in  agricultm^al  resources  as  well 
as  in  minerals.  More  than  a  quarter  of  a  century 
ago  the  Jesuits  founded  a  mission  on  the  Coeur  d'Alene 
River,  and  there  taught  the  savage  tribes  the  gentle 
precepts  of  the  Christian  faith. 

In  the  spring  of  1862,  in  Deer  Lodge  Valley  and 
on  Hell  Gate  River,  gold  was  first  discovered  within 
the  limits  of  this  territory.  Silver  was  first  found  at 
Rattlesnake  Creek  opposite  Argenti,  and  shortly  after 
at  Prickly  Pear  Creek.  The  Bannock  City  or  Grass- 
hopper mines,  on  Grasshopper  Creek,  were  discovered 
in  July  of  the  same  year.  In  Fairweather  Gulch,  a 
rich  mining  district  through  which  flows  Alder  Creek, 
a,  tributary  of  the  Stinking  Water,  are  situated  the 
•soi-disa7it  cities  of  Virginia,  the  capital  of  Montana, 
Nevada, and  Summit.  North  of  Bannock  and  Virginia, 
at  the  Prickly  Pear  mining  district,  is  the  town  of 
Helena.     At  the  Rattlesnake  silver  mines  on  Rattle- 

(674) 


PLUMMER  THE  SHERIFF. 


«:: 


snake  Creek,  ten  miles  north-east  from  Bannock  City, 
is  Montana  City,  founded  in  1865.  For  a  wilderness, 
whose  largest  settlements  can  boast  no  better  town 
than  a  huddle  of  log  and  board  huts,  this  is  a  wonderful 
country  for  indigenous  cities. 

Sheriff  of  Montana  in  1863  was  Henry  Plummer, 
chief  of  the  road  agent  band.  Many  and  contra- 
dictory are  the  versions  given  of  his  early  life.  He 
came  to  California  in  1852,  settling  for  a  few  years  in 
Nevada  City,  where  in  1856  he  was  made  marshal. 
Before  his  term  of  office  had  expired  he  was  convicted 
of  the  muider  of  Vcdder,  a  German,  from  whom  he 
had  alienated  his  wife,  and  was  sentenced  to  ten  years' 
imprisonment,  but  on  the  plea  of  ill -health  was  par- 
doned by  Governor  Weller.  Another  murderous  as- 
sault, which  ultimately  proved  fatal,  and  a  stage 
robbery  followed;  for  the  latter  he  was  tried  but 
acquitted.  Now  his  record  of  crime  becomes  rapidly 
lengthened;  he  breaks  jail,  and  assisting  in  the  escape 
of  Mayfield,  another  murderer,  eventually  reaches 
Bannock,  Montana,  where  his  career  ends.  He  had 
eluded  pursuit  on  his  way  thither  through  notices 
that  he  himself  had  published  in  California  papers  of 
his  execution  in  Washington  Territory. 

Henry  Plummer  was  not  only  a  most  daring  man, 
but  a  leader  who  carried  everything  before  him.  In 
spite  of  his  established  character  he  secured  the  elec- 
tion for  himself  as  sheriff  not  only  of  Bannock  but  of 
Virginia,  and  the  appointments  of  his  road  agents 
as  deputies.  Bannock  now  became  the  head-quarters 
of  a  noted  band  of  cutthroats  and  highwaymen. 

For  a  time  this  worked  admirabl}'  for  the  roughs, 
as  they  could  rob  and  murder  with  impunity.  After 
they  had  killed  over  one  hundred  and  twenty  citi- 
zens, and  plundered  stages,  express  shipments,  and 
private  individuals,  no  one  dared  to  leave  with  or 
send  money  or  dust  out  of  the  country.  Any  one 
who  dared  to  demur  to  this  order  of  things  or  sug- 
gest that  the  robbers  were  other  than  honest  men 


111 

Mir 


676 


I'OPULAR  TRIBUNALJS  OP  MONTANA. 


and  gentlemen,  did  so  at  the  inuninent  peril  of  lif'u 
and  fortune. 

Under  such  conditions  travellers  were  entirely  at 
the  mercy  of  the  baud,  and  while  I  give  some  few 
details  of  their  crimes,  many  atrocities  were  com- 
mitted which  are  unrecorded  and  unknown.  Theii- 
system  of  stage  robbery  was  most  complete,  as  is 
illustrated  by  the  following  incident:  In  October  18G'{, 
as  Peabody  and  Caldwell's  coach  was  en  route  for 
Bannock,  carrying  considerable  gold-dust  and  several 
passengers,  difficulty  was  experienced  in  obtaining 
horses;  two  or  three  times  it  was  found  that  the 
corrals  were  empty,  and  men  were  despatched  to  hunt 
the  missing  stock.  At  Dempsey  Cottonwood  Ranclio, 
a  rendezvous  for  Plununer's  band,  they  took  up  as  a 
passenger  Dan  McFadden,  better  known  as  'Bum- 
mer Dan';  at  Battlesnake  Ranclio,  which  was  not 
reached  till  evening,  owing  to  the  delay,  they  found 
that  here  also  the  horses  were  turned  out.  Another 
delay  of  several  hours,  and  then  with  worn-out  teams 
the  heavy  load  was  again  on  its  way.  All  this  delay 
was  in  furtherance  of  the  plans  of  the  road  agents. 
Bill  Bunton  now  mounted  the  driver's  seat,  ostensibly 
to  assist  with  the  whip.  Before  long  he  left  the 
driver,  Rumsey,  to  manage  the  horses  alone,  and 
entering  the  coach  sat  beside  Bummer  Dan.  In  loss 
than  five  minutes  the  coach  came  to  a  stop;  two  men, 
muffled  in  hoods  and  blankets,  ordered  a  "  halt,"  and 
with  raised  rifles  and  the  dialect  of  a  Dutchman  told 
the  driver  to  "  throw  up  his  arms."  At  the  same  mo- 
ment their  accomplices  in  the  stage  manifested  the 
greatest  terror,  by  way  of  example  to  the  other  pas- 
sengers; and  at  the  command  of  the  highwaymen 
all  got  out  of  the  stage  and  threw  up  their  arms. 
Bunton  begged  piteously  for  life  and  gave  them  his 
purse,  as  did  also  Bummer  Dan,  while  the  other  pas- 
sengers were  searched,  offering  no  resistance.  In  this 
robbery  twenty-eight  hundred  dollars  were  secured 
by  the  band.     Frank  Parish  and  George  Ives  were 


A  NEST  OF  THEM. 


07: 


the  two  highwaymen  in  this  instance.  When  the 
stage  reached  Bannock  notice  was  at  once  given  at 
Peabody's  express  office,  where  George  Hildermaii, 
another  accompHce,  was  in  waiting  to  ascertain  wliether 
any  one  was  suspected  or  recognized.  While  no  mur- 
der was  at  this  time  comniitted,  it  would  have  heen 
done  if  there  had  been  any  provocation. 

Other  .stage  robberies  followed  through  the  re- 
nmindcr  of  tlio  yoai',  involving  the  los.><  of  life  and 
property  to  a  most  alarming  extent.  The  culminating 
deed  was  the  murder  of  one  Nicholas  Ibalt,  on  the 
I3th  of  Decend)er  1803,  who  had  brought  one  hun- 
dred and  fifty  dollars  to  Dempsey's  rancho,  where  he 
was  to  purchase  mules  for  his  em|)loyers.  His  body 
was  discovered  l)y  a  hunter  named  Palniev,  who  shot  a 
prairie-chicken,  which  fell  among  some  willows  on  the 
banks  of  a  stream  near  Dempsey's  rancho.  J^ilmer, 
pursuing  his  prey,  to  his  surprise  and  horror  stumbled 
over  the  body  of  Ibalt.  It  was  brought  to  Ni^vada 
and  identified.  There  was  great  excitement  over  thi^ 
tidings,  and  the  first  vigilance  committee  of  Montana 
was  organized  that  very  night,  its  first  work  being  to 
search  for  the  perpetrators  of  this  crime;  and  at  ten 
o'clock  twenty-five  men,  who  had  subscribed  to  articles 
of  agreement,  left  Nevada  intent  on  the  capture  of 
the  villains. 

Suspicion  had  fallen  on  two  herders  employed  by 
Dempsey,  who  had  assisted  Ibalt  in  starting,  and 
who,  by  reason  of  their  associates,  did  not  enjoy  a 
very  good  reputation.  They  lived  in  a  little  hut 
about  two  miles  from  the  house  occupied  by  Mr 
Dempsey  and  family.  On  visiting  this  hut  of  the 
lierders,  there  were  found  Long  John, or  as  his  .M\otlu!r 
would  say,  John  French,  George  Hilderman,  Whiskey 
Bill,  Texas  Bob,  George  Ives,  and  Alexander  Carter : 
a  full  nest  of  them. 

All  were  arested  and  taken  to  Nevada  City,  Mon- 
tana, where  on  the  19th  of  December  a  new  tribunal 
was  organized,  composed  of  twelve  representatives. 


078 


POPULAR  TRIBUNALS  OF  MONTANA. 


all  from  Junction  City  and  Nevada  districts.  The 
regularly  appointed  judges,  Wilson  and  Byam,  of  the 
two  districts  were  called  upon  by  the  miners  to  pre- 
side. According  to  miners  logic  the  men  were  made 
judges  by  the  miners,  the  office  they  filled,  if  not  the 
judges  themselves,  belonged  to  the  miners,  and  thoy 
must  obey  the  miners  or  abdicate.  But  the  judges 
had  no  thought  of  taking  exceptions  to  the  action  ol' 
the  people. 

Twelve  from  each  district  were  selected  to  act  as 
jurors,  and  the  trial  of  George  Ives  began.  Messrs 
Smith,  Richie,  Thurmond,  Colonel  Wood,  and  Mr  Alex- 
ander Davis  were  Ives'  lawyers,  while  Colonel  Sanders 
and  Charles  S.  Baggs  conducted  the  prosecution.  John 
French  turned  state -evidence,  and  the  others,  witli 
the  exception  of  Hilderman,  were  released,  an  action 
which  the  people  ever  after  regretted.  During  the 
trial,  which  was  conducted  in  the  open  air  and  con- 
tinued two  days,  the  sale  of  intoxicating  drink  was 
prohibited  throughout  the  town,  a  wise  and  praise- 
worthy measure. 

A  two  days'  trial  was  a  long  one  for  the  impatient 
miners,  who  had  their  own  affairs  to  attend  to;  and 
while  they  were  desirous  everything  should  be  done 
in  a  lawful  manner,  they  were  beginning  to  tire  of  dis- 
putatious formalities.  Proceedings  were  narrowly 
watched  by  the  officers  of  the  Vigilance  Committee, 
and  during  the  second  day  they  quietly  informed  the 
court  that  at  three  o'clock  the  trial  must  be  concluded, 
and  directed  the  court  to  instruct  the  counsel  on 
either  side  that  in  their  arguments  before  the  jury 
they  would  be  restricted  to  cue  hour  each.  After  a 
half  hour's  consideration  the  jury  reported  twenty- 
three  for  hanging  and  one  tor  acquittal. 

Ives  was  a  man  of  about  twenty-five  years  of  ag(3, 
with  blue  eyes  and  liglit  hair.  His  manner  was 
sprightly  and  absolutely  fearless.  Now,  however, 
confronted  with  the  deeds  of  his  past  life,  and  death 
imminent,  he  begged  for  time.    "How  much  time  did 


A  FORMIDABLE  BAND. 


079 


you  give  the  Dutchman?"  inquired  Colonel  Sanders. 
By  this  time  day  had  departed,  and  silver  light  had 
superseded  golden.  The  prisoner  had  many  friends 
among  the  attendants,  and  these  were  belligerent  on 
hearing  the  verdict.  Menacing  forms  and  scowling 
visages  cast  weird,  imperfect  shadows  on  the  disturbed 
ground,  and  pistols,  guns,  and  knives  gleamed  in  the 
moonlight.     But  all  was  of  no  avail. 

In  an  unfinished  house  the  scafFokl  was  erected,  a 
large  box  answering  as  platform.  This  building, 
which  had  only  the  frame  standing,  was  within  ten 
yards  of  where  the  trial  had  been  conducted;  and 
here  the  sentence  was  executed. 

Hilderman's  trial  was  soon  over.  He  was  an  old 
man,  evidently  a  tool  of  the  band,  without  courage 
to  divulge  what  he  knew,  equally  in  terror  of  his  con- 
federates and  of  th3  Vigilance  Committee.  He  was 
considered  somewhat  imbecile,  and  his  sentence  was 
banishment  from  Montana. 

John  French  having  turned  informant,  and  having 
given  sufficient  evidence  to  warrant  the  conviction  of 
Ives,  was  set  free.  His  testimony  was  corroborated 
by  Hilderman.  Ives  protested,  even  on  the  scaiSbld, 
that  he  did  not  commit  the  crime  of  which  he  was 
accused,  charging  it  on  one  Alexander  Carter;  but 
his  assertions  carried  little  weight.  Even  if  true,  there 
were  yet  unatoned  sins  enough  at  his  door  to  war- 
rant abode  in  airy  space — so  thought  the  Committee. 
Nevertheless  the  words  of  the  departing  Ives  did  not 
fall  on  heedless  ears,  that  is  to  say,  so  far  as  the  ap- 
prehension of  further  villainy  was  concerned.  During 
their  imprisonment  they  informed  their  captors  that 
their  organization  at  that  time,  1864,  numbered  one 
hundred  and  thirty,  who  had  killed  and  robbed  over 
one  hundred  men,  principally  between  Salt  Lake  City 
and  the  Montana  mines. 

Two  lawyers,  Smith  and  Thurmond,  were  driven 
from  the  territory  by  the  exasperated  people  for  at- 
tempting to  clear  the  banditti  when  arrested.    Dims- 


11 


i.;'i^ 

tM 


i.'ii' 


680 


POPULAR  TRIBUNALS  OF  MONTANA. 


dale,  writing  of  them,  says:  "They  were  employed  as 
counsel  of  the  road  agents,  and  were  banished.  Thur- 
mond brought  an  action  at  Salt  Lake  against  Mr 
Fox,  charging  him  with  aiding  in  procuring  his  ban- 
ishment. After  some  peculiar  developments  of  justice 
in  Utah  he  judiciously  withdrew  all  proceedings,  and 
gave  a  receipt  in  full  of  all  past  and  future  claims  on 
the  vigilants,  in  which  instance  he  exhibited  a  wise 
discretion."  It  seemed  to  the  people  sufficient  that 
the  road  agents  should  be  permitted  to  accomplish 
their  vile  purpose  unrestrained  by  law,  without  having 
the  law  interposed  between  them  and  justice  by  re- 
leasing them  as  fast  as  caught.  That  jurists  should 
be  obliged  to  admit  the  necessity,  in  criminal  juris- 
prudence, which  makes  it  the  <luty  of  the  counsel  to 
clear  the  guilty  if  it  be  possible,  certainly  augurs  ill 
for  the  system.  At  all  events  it  is  a  [practice  which 
border  communities  cannot  afford  to  indulii^e  in. 

The  Vigilance  Committee  was  now  strong  enough 
to  excite  in  Plummer's  band  fears  for  their  lives.  It 
was  understood  among  them  that  pursuit  was  to  lie 
made  for  Ives'  comrades;  and  brave  indeed  were  the 
twenty-four  citizens  who  undertook  this  perilous  duty. 
Mr  Dimsdale,  writing  of  this  expedition,  says:  "Tlie 
volunteers  formed  a  motley  group:  but  there  were 
men  enough  among  them  of  unquestioned  courage, 
whom  no  difficulty  could  deter  and  no  danger  affright. 
They  carried  generally  a  pair  of  revolvers,  a  shot-gun, 
blankets,  and  some  ropr.  Spirits  were  forbidden.  On 
the  23d  of  December  1803  the  party,  on  horse  and 
mule  back,  went  by  way  of  Stinking  Water  to  the  Big 
Hole,  and  over  the  divide  in  the  main  range.  The 
weather  was  very  cold,  and  there  was  a  large  quantity 
of  snow  upon  the  ground.  Fires  could  not  be  lighted 
when  wanted  at  night,  for  fear  of  attracting  attention, 
and  the  men  were  but  ill  prepared  to  face  the  chilling 
and  stormy  blast  which  swept  over  the  hills  and  val- 
leys crossed  by  them  on  this  arduous  journey.  Few 
know  the  hardships  they  encountered." 


PLUMMER'S  BAND. 


m 


On  Deer  Lodge  Creek,  Erastus  Yager,  generally 
known  as  Red,  was  encountered.  He  was  one  of  the 
band,  but  preserved  his  incognito  so  well  that  he 
threw  the  vigilants  off  their  track,  and  had  abundance 
of  time  to  notify  his  comrades  of  their  approach;  so 
that  when  they  reached  Cottonwood  their  prey  had 
escaped.  For  two  days  it  snowed  heavily.  "The  cold 
became  fearful,"  says  Mr  Dimsdale,  "and  the  suffer- 
ings of  the  party  were  intense.  Some  of  the  stock 
stampeded  to  the  canon  out  of  the  way  of  the  storm. 
It  was  no  small  job  to  hunt  up  the  runaways." 

On  reaching  Rattlesnake  they  surrounded  a  rancho, 
where  Plummer's  men,  Stinson  and  Ray,  who  were 
deputy-sheriffs,  had  Red  under  arrest,  as  they  said, 
for  horse-stealing,  but  would  now  release  him  on  liis 
promise  to  return  to  Bannock  City.  The  vigilants 
pursued  and  captured  him,  and  took  him  (mi  to  Demp- 
sey's  rancho,  whore  a  portion  of  their  force  awaited 
them.  Here  they  made  a  second  arrest  of  one  Brown, 
secretary  of  the  association.  He  was  held  to  await 
Red's  trial. 

The  men  were  taken  to  Lorraine's,  where  they  ar- 
rived during  the  afternoon.  At  ten  that  night  tJie 
trial  commenced.  Red  turned  informer,  and  fully 
described  the  whole  or<janization  of  the  road  agfents. 
He  said  that  Plununer  was  chief  of  the  band  and 
Bunton  was  second  in  command;  that  the  members 
were  Cyrus  Skinner,  (reorge  Ives,  Stevens  Marshland, 
Dutch  John,  or  John  Wagner,  Aleck  Carter-,  Whiskey 
Bill,  or  Bill  Graves,  (jlforge  Shears,  Johnny  Cooper, 
Buck  Stinson,  Ned  ICay,  Mexican  Frank,  Boone 
Helm,  Club-foot  (Jeorge,  or  George  J^ane,  Haze 
Lyons,  Bill  Hunter,  (Toorge  Lowry,  Billy  Page,  Doc 
Howard,  Jem  Romainc,  Billy  Terwilliger,  and  Gad 
Moore.  They  had  as  a  jmssword  '  Innocent,'  wore 
nmstache  and  chin  whiskers,  and  a  sailor's  knot  as  a 
necktio. 

li:/^  two  men.  Red  and  Brown,  were  taken  to  a 
tree  on  Lorraine's  rancho  and  side  by  side  were  swung 


ili'? 


§11 


Ill 


682 


POPULAR  TRIBUNALS  OF  MONTANA. 


into  eternity.  Previous  to  his  execution  Red  had 
implored  that  the  rest  of  the  band  should  be  punished, 
which  was  readily  promised,  and  the  pledge  kept. 
He  also  said,  "You  have  treated  me  like  a  gentleman, 
and  I  know  I  am  going  to  die;  I  am  going  to  be 
hanged;  it's  pretty  rough,  but  I  merited  this  years 
ago."  And  with  the  rope  around  his  neck  his  last 
words  were,  "Good-by,  boys;  God  bless  youl  You 
are  on  a  good  undertaking." 

The  bodies  were  left  suspended  for  their  comrades 
to  care  for.  On  one  was  fastened  the  label  "Red, 
Road  Agent  and  Messenger;"  on  the  other,  "Brown, 
Corresponding  Secretary." 

Says  a  resident  in  relation  to  recent  affairs  in 
Montana : 

' '  The  aforesaid  excitement  began  at  the  Stinking  Water  mines,  but  soon 
exteT"  jed  to  this  place,  and  men  are  going  and  coming  all  the  time  between 
the  several  mining  localities,  as  well  as  between  Deer  Lodge,  Big  Hole,  Hell 
Gate,  Bitter  Root  Valley,  and  Gallatin.  I  hope  not  to  be  understood  by  tlio 
word  excitement  alone,  that  those  men  have  been  hanged  by  an  excited  and 
unruly  mob.  I  will  say  to  their  credit,  though  myself  a  lover  of  law  and 
order,  that  a  more  sober,  quiet,  and  determined  assemblage  of  citizens  witli 
the  law  in  their  own  hands  I  never  saw.  At  one  time  in  Bannock,  just  alter 
the  killing  of  a  worthy  citizen  and  wounding  of  another,  while  trying  to 
arrest  the  Spaniard  Frank,  well  known  around  Camp  Douglass,  the  crowd 
were  so  exasperated  that  they  tore  to  the  ground  the  house  in  which  Fnmk 
was  found  and  killed,  carried  it  away  from  the  other  buildings,  threw  the 
Spaniard  on  top  of  it,  and  burned  all  together.  The  people  had  an  especial 
dislike  for  the  house,  as  it  belonged  to  Henry  Plummer,  and  was  occupied  by 
Buck  Stinson.  It  was  there  the  Spaniard  secreted  himself,  and  killed  a  good 
man  and  wounded  another  while  he  was  bein^"  arrested.  The  Spaniard  was 
killed  on  the  11th.  George  W.  Coply,  who  was  shot  by  the  Spaniard,  died 
on  the  r2th,  and  was  followed  to  his  grave  by  almost  the  entire  population. 
Smith  Ball,  who  was  wounded  at  the  same  time,  is  out  of  danger. '' 

These  men  Coply  and  Ball  were  members  of  the 
Vigilance  Committee,  and  were  shot  by  the  man 
whose  capture  they  were  attempting.  He  is  spoken 
of  elsewhere  as  Joe  Pizanthia,  "  the  greaser,"  which 
was  probably  his  name.  It  was  a  mob,  not  the  Vigil- 
ance Committee,  which  in  a  frenzy  executed  its  venge- 
ance in  this  way. 


EXECUTIONS. 


m 


The  next  arrest  was  that  of  John  Wagner,  or 
Dutch  John.  He  was  brought  mto  Bannock  and 
imprisoned  in  an  empty  cabin  until  his  fate  should 
be  determined.  A  vigilance  committee  was  at  once 
organized,  and  none  too  soon,  as  a  communication  was 
brought  them  that  very  ni^ht  by  four  trustworthy 
citizens  from  the  Virginia  vigilants  with  an  order  for 
the  arrest  and  execution  of  Plummer,  Stinson,  and 
Ray.  These  ruffians  were  then  in  Bannock,  whither 
they  had  come  preparatory  to  leaving  the  country. 
The  committee  knew  there  was  no  time  to  lose,  and 
arrested  the  men,  whom  they  found  in  different  houses, 
apparently  unconcerned  about  their  fate.  They  wore 
taken  without  delay  to  their  place  of  execution,  which 
was  a  cross-beam  in  an  unfinished  building.  Their 
cries  and  curses  broke  the  stillness  of  the  niijht. 

The  great  leader,  Henry  Plummer,  begged  hard  for 
his  life,  cried  like  a  child,  asked  to  be  chained  down, 
offered  to  leave  the  country  forever,  and  declared 
that  he  was  tivo  wicked  to  die.  In  his  i>ossession  was 
found  a  papei'  describing  the  band,  giving  an  account 
of  their  movements  and  their  future  plans.  This 
document  contained  the  names  of  eighty  members  of 
the  foul  fraternity  whose  extermination  the  C*ommittee 
were  earnestly  at  work  to  accomplish.  Plummer  was 
the  most  notorious  of  Montana  desperadoes,  and  his 
organization  the  most  powerful  of  early  times. 

TiiC  (.;ase  of  John  Wagner  was  now  considered  by 
! :i(}  Ciiiiniittee,  and  it  was  unanimously  decided  that 
h  .shv'uld  be  hanged  as  a  highwayman  and  robber  for 
hL  villainies  of  the  past  four  years.  A  committee 
ot  oi.^  was  appointed  to  notify  him  that  he  would  be 
led  to  execution  within  an  hour.  At  first  his  trepi- 
dation was  extreme;  he  begged  that  they  would 
punish  him  in  any  other  way.  ''Cut  off  my  legs  and 
arms,"  he  said,  "and  let  me  go;  you  know  I  could  do 
nothing  then."  His  native  courage  did  not  desert  him 
ultimately,  and  the  bravery  he  exhibited  when  on  the 
J  allows  excited  the  sympathy  of  his  executioners.    He 


m 


POPULAR  TRIBUNALS  OP  MONTANA. 


was  led  to  the  building  where  his  comrades  had  been 
executed,  and  saw  their  stiffened  bodies  ready  for 
burial.  He  gazed  at  them  stolidly;  a  few  hours  later 
and  he  was  laid  beside  them. 

On  the  morning  of  the  14th  of  January  1864  the 
vigilants  of  Virginia  were  to  be  seen  fully  armed  and 
stationed  in  all  directions  so  as  to  prevent  the  egress 
from  the  place  of  any  one;  at  the  same  time  volun- 
teers from  the  neighboring  vicinity  were  gathering  in 
the  main  streets.  Boone  Helm,  Jack  Gallagher,  Frank 
Parish,  Haze  Lyons,  and  George  Lane,  or  Club-foot 
George,  wliose  arrests  had  been  accomplished,  were 
pinioned  mikI  brought  in  front  of  the  Virginia  Hotel 
and  arrau  (  '  '  ;  a  row.  They  each  confessed  sepa- 
rately to  crii  but  none  of  them  gave  any  full  con- 
fession. They  were  taken  to  a  building  just  being 
erected  on  the  corner  of  Wallace  and  Van  Buron 
streets,  where  the  main  beam  running  across  the  build- 
ing answered  admirably  the  purpose  of  the  Committee. 
Here  the  five  were  executed.  Haze  Lyons  and  Stin- 
son,  who  was  hanged  at  Bannock,  had  been  tried  in 
Virginia  by  a  legal  court  in  June  18G3,  on  the  charge 
of  the  murder  of  Dillingham,  and  were  acquitted. 
Lyons  confessed  to  this  murder  now. 

At  their  arrest  and  execution  their  various  charac- 
teristics were  freely  displayed.  Ja  '•  Gallagher  aii- 
peared  to  treat  the  matter  as  a  joke  at  first,  but  when 
fully  satisfied  as  to  its  reality,  cursed  vehemently. 
While  standing  below  the  gallows  he  used  continual!}' 
the  most  profane  language.  His  last  words  were,  "I 
hope  that  forked  lightning  will  strike  every  one  of 
you."  Boone  Helm,  looking  at  the  muscular  contor 
tions  of  Gallagher,  said,  "Kick  awa}^  old  fellow;  I'll 
be  in  hell  with  you  in  a  minute.  Every  man  for  his 
principles.  Hurrah  for  Jeff  Davis!  Let  her  rip!" 
Other  incidents  are  recorded  in  regard  to  the  last 
hours  of  all  these  men,  but  they  are  too  revolting  to 
repeat. 

Boone  Helm  had  emigrated  from  Missouri  in  the 


BOONE  HELM. 


6Sff 


early  part  of  1 8  50.  Ho  had  committed  a  murder  there, 
and  had  been  pursued  and  brought  before  a  court. 
After  the  third  postponement  of  his  trial  he  was  set 
free,  and  coming  to  ( ^alifc^rnia  is  said  to  have  killed  a 
dozen  men  on  these  western  shores.  He  was  abimt 
forty  years  of  age  at  the  time  of  his  execution.  He 
seemed  to  be  one  of  the  most  hardened  of  these  des- 
peradoes, without  one  redeeming  quality.  One  of  the 
first  incidents  mentioned  of  him  in  the  territories  is 
when,  at  Salt  Lake  City  in  the  spring  of  1858,  he 
was  in  company  with  one  Powell  who  liad  been 
trading  with  tlie  Fhxtheads.  Helm  left  The  Dalles 
the  autumn  previous  for  Salt  Lake  in  compari}'  with 
seven  gamblers,  v  'irrying  all  the  necessary  implements 
of  their  professioa,  uud  a  race-horse  which  was  to  beat 
anything  in  Utah.  It  was  a  short  cut  to  that  .land 
where  no  stranglers  are,  and  all  of  them  r(\ached  it 
on  the  way  except  Helm.  After  four  days'  tight  with 
natives  a  snow-storm  set  in,  in  which  six  of  the  villains 
perished,  Helm  shooting  the  last  one,  who  had  become 
snow-blind,  for  food.  Soon  after  reaching  Utah,  Helm 
joined  Johnson  and  Harrison's  band  of  horse-thieves, 
made  raids  into  California,  and  stole  animals  from  the 
overland  company  and  the  militar}'.  At  Lodi  the 
quartermastei,  recognizing  and  attempting  to  arrest 
him,  received  a  ball  in  the  head.  Next  we  find  Helm 
at  Los  Angeles,  where  he  robbed  a  store -keeper; 
then  we  hear  of  him  at  the  Salmon  River  mines 
shooting  a  man  one  Sunday  afternoon  tor  refusing  to 
drink  with  him.  He  then  escaped  to  Cariboo,  where 
a  life  of  violence  soon  made  the  country  too  hot  to 
hold  him.  Between  the  Quesnelle  and  Antler  Creek 
he  assisted  at  the  killinu'  and  robbing  of  three  traders. 
Then  making  his  way  to  the  Bannock  nnnes,  he  con- 
tinued his  evil  course  until  the  people  in  self-defence 
rose  and  hanged  him. 

On  the  15th  of  January  twenty-four  men  lefi, 
Nevada  intent  on  the  arrest  of  the  remainder  of  the 
band.    The  first  day's  march  brought  them  to  Clarke's 


I 


ni 


POPULAR  TRIBUNALS  OF  MONTANA. 

rancho,  where  Steve  Marshland  was  found  in  bed 
and  captured.  His  feet  were  frozen  and  he  was 
wounded,  as  the  Committee  already  knew  from  the 
confessions  of  his  associates.  He  was  brought  out  of 
his  hut  and  hanged  immediately.  On  the  next  after- 
noon, at  Deer  Lodge  Creek,  another  halt  was  made, 
and  Bill  Bunton  was  next  arrested.  He  attempted 
resistance,  but  was  unable  to  cope  with  his  plucky 
captors.  He  was  taken  to  a  house  in  the  neighbor- 
hood, where  the  vigilants  passed  the  night  and  break- 
fasted. Another  detachment  arrested  one  Tex.  As 
Bunton 's  guilt  was  unquestioned,  he  was  speedily  ex- 
ecuted not  two  hundred  and  fifty  feet  from  the  house. 
Tex  was  banished  from  the  country,  though  afterward 
testimony  enough  against  him  was  obtained  to  have 
cost  him  his  life. 

Skinner  and  Alex  Carter  were  next  secured  at  Hell 
Gate.  Carter  was  stupid  from  drink ;  when  he  recov- 
ered his  senses  and  was  told  of  the  convictions  and 
executions  he  said,  "All  right;  not  an  innocent  man 
hung  yet."  These  men  were  taken  to  Higgins'  store, 
Vvhcre  after  an  examination  of  three  hours  sentence  of 
death  was  passed  on  them.  Both  of  these  men  were 
noted  criminals.  George  Ives  had  accused  Carter  of 
the  murder  of  Ibalt.  Carter  denied  that  charge,  but 
said  he  was  accessory  to  the  crime,  and  told  where 
the  mules  were  which  belonged  to  Ibalt. 

It  w^as  said  of  Carter  that  when  he  left  the  east  it 
was  with  an  unblemished  reputation;  that  he  had  been 
trusted  in  money  transactions,  and  deserved  the  con- 
fidence of  his  employers.  Here  in  INIontana  all  was 
different,  and  evil  associates  sealed  liis  doom. 

Skinner  was  of  a  very  different  stamp.  He  was  a 
saloon-keeper  in  Idaho,  of  a  l^lood- thirsty  tempera- 
ment, and  had  always  had  a  bad  reputation.  He 
endeavored  to  run  from  his  captors  in  order  to  be 
shot  rather  than  hanged,  but  his  object  was  easily 
thwarted. 

A  small  detachment  started  off  for  Bitter  Root 


MORE  CAPTURES  AND  EXECUTIONS. 


687 


Valley  ill  pursuit  of  Bill  Graves  or  Whiskey  Bill. 
He  was  captured  with  but  little  difficulty.  Placed  on 
horseback,  with  a  vigilant  in  front  of  him,  he  was 
taken  under  a  tree,  when  he  was  given  an  opportunity 
to  make  confession,  which  he  refused.  The  rope  being 
adjusted,  the  vigilant  suddenly  put  spurs  to  the  horse, 
and  as  the  animal  plunged,  Bill  Graves  was  thrown 
from  his  seat,  and  quickly  swung  lifeless  in  the  air. 

Skinner  and  Carter  were  executed  at  Iliggins' 
corral.  The  people  had  dug  their  graves,  and  at  mid- 
night witnessed  the  execution  by  the  fitful  light  of 
their  torches.  Johnny  Cooper,  a  lieutenant  of  the 
band,  who  had  been  wounded  by  Carter  in  a  recent 
quarrel,  unable  to  walk,  was  brought  in  a  sleigh  to 
his  place  of  execution,  and  hanged  on  the  same  spot 
where  his  comrades  had  expiated  their  crimes. 

Eight  men  were  sent  the  same  night  in  pursuit  of 
Bob  Zachary  and  George  Shears.  As  one  of  the 
vigilants  entered  the  house  where  Zachary  was,  he 
found  him  sitting  up  in  bed,  and  throwing  himself 
upon  him,  held  him  down  until  the  others  were  able 
to  pinion  him  securely.  George  Shears,  although 
armed,  made  no  resistance,  and  from  the  time  of  his 
arrest  maintained  the  utmost  indifference  to  his  fate. 

On  the  authority  of  Dimsdale,  "Shears  addressed 
his  captors  at  the  time  of  his  execution  in  the  follow- 
ing unique  phraseology:  'Gentlemen,  I  am  not  used 
to  this  business,  never  having  been  hung  before. 
Shall  I  jump  off  or  slide  off?'  Being  told  to  jump  off, 
he  said  'All  right!'  and  leaped  into  the  air  with  as 
much  sang-froid  as  if  bathing." 

Zachary  was  also  executed,  within  an  hour  after  his 
arrest. 

At  the  time  of  the  execution  in  Virginia  of  Boone 
Helm  and  four  others,  another  criminal,  Bill  Hunter, 
was  a  marked  man,  but  he  effected  his  escape  for  the 
time  being.  Now  was  his  capture  determined  upon, 
and  after  severe  exposure  and  many  difficulties  he  was 
found  in  a  cabin  about  twenty  miles  from  the  mouth 


688 


POPULAR  TRIBUN.VLS  OF  MONTANA. 


of  the  Gallatin,  where  he  had  taken  refuge  from  a 
heavy  snow-storm.  During  the  intervening  time  he 
had  kept  himself  coneealed  during  the  day,  seeking 
food  at  night.  He  was  immediately  exeeuted,  the 
3d  of  February,  on  a  lone  tree  near  the  cabin,  in 
full  view  of  travellers  on  the  trail,  so  that  his  asso- 
ciates might  find  his  body  and  take  warning.  This 
was  the  last  execution  of  any  of  Plummer's  band. 
The  reign  of  terror  was  now  over. 

In  February  1864  the  Montana  Vigilance  Con)- 
mittce  comprised  over  one  thousand  members,  exer- 
cising sway  over  the  country  round  the  settlements 
of  Virginia,  Bannock,  and  Nevada  City,  and  far  be- 
yond. 

Almost  every  one  of  the  several  hundred  embryo 
cities  of  the  western  coast,  at  some  period  of  their  early 
history,  and  many  of  them  at  many  difteront  times, 
have  been  cursed  with  a  town  rowdy,  who,  full  of 
bi'avado  and  fiery  drink,  licavily  armed  \vitli  bowie- 
knife,  six-shooter,  and  gun,  usually  with  a  few  fol- 
lowers at  his  lieels,  stalked  the  streets,  making  day 
disaijrccablc  and  nij^ht  liideous.  Ho  is  not  such  as 
life-insurance  .-agents  seek  as  a  risk;  for  once  filled 
with  the  ambition  for  acquiring  villainous  distinction, 
his  career  is  usually  of  short  duration.  He  is  the 
foolish  miller  of  the  mining  towns,  who  flutters  for  a 
moment  in  the  polluted  light  of  self-extinguishing 
vice,  then  drops  besotted  into  the  flame. 

Such  a  one  was  J.  A.  Slade,  well  known  in  Vir- 
ginia City,  Montana,  in  the  spring  of  1864;  a  man 
well  conditioned  so  far  as  the  world  goes,  for  he  had 
a  good  wife  and  a  fine  rancho  on  the  Madison  branch 
of  the  Missouri  River.  He  had  lived  for  many  years 
in  Clinton,  Illinois,  respected  on  account  of  his  fam- 
ily and  for  his  own  good  qualities.  Subsequently  his 
character  changed;  and  when  he  came  west  it  was  as 
a  fugitive  from  his  native  state,  for  he  had  killed  a 


SSLADK  THE  DESPER.VDO. 


(IMJ 


man  in  a  quarrel,  and  was  jjursucd  by  a  Hlioriff  [\)i' 
several  hundred  unless.  In  Virginia  he  gave  little  at- 
tention to  business,  ior  he  was  two  thirds  ot"  his  tinit.* 
in  town,  where  he  would  drink  and  carouse  with  his 
companions,  to  the  neglect  of  family  and  property. 
His  boldness  in  crime  intimidated  the  officers  of  the 
law,  for  he  openly  detied  them.  Once  when  he  was 
known  to  be  sober  the  Vigilance  Connnittee  sent  him 
word  that  unless  he  bettor  regarded  the  public  peace, 
which  sliould  be  preserved  at  all  hazards,  he  nmst 
suffer  the  consequences  of  his  evil  ways  With  his 
usual  fool-hardihood  he  disregarded  the  warning  and 
continued  his  practice  of  abusing  law-abiding  citizens, 
in  several  instances  going  so  far  as  to  even  slap  tlieui 
in  the  face,  and  threaten  in  his  expressive  language 
"to  bore  them  thi-ough"  if  they  offered  to  oppose  his 
])layful  wickedness. 

On  the  8th  of  March  two  houses  kept  by  women 
were  entered  at  night  by  Naylor  Thom[)s<)n,  Harden, 
tSlade,  and  others,  who  a[)|)ro[)riale(l  whatever  tliey 
could  make  available,  malieioiisly  deniolisliing  evei-y- 
thing  else.  The  pr()})riet()r  of  one  of  the  ])laces, 
called  ]\[o]l  Featherlegs,  brought  a  suit  before  Judge 
Davis  to  recover  damages.  The  suit  was  j)rosc(aited 
by  the  best  talent,  and  a  jury  of  twelve  miners  formed, 
who  feared  not  to  act  upon  the  testimony  On  the 
morning  following  these  depredations,  Sladc  and  his 
companions  were  unusually  c(Miibative'.  They  were 
frenzied  with  liquor,  and  defied  any  one  U)  prosecute 
them.  Slade  walked  the  streets  with  his  comrades, 
freely  using  the  most  abusive  language  to  any  with 
whom  he  happened  to  come  in  contact.  An  attenq)t 
was  made  to  arrest  them,  but  seizing  the  waiiants 
they  destroyed  them,  and  roamed  and  roared  as  usual 
until  other  warrants  could  be  obtained.  Threatening 
vengeance  to  the  court,  Slade  called  at  Jud^e  Davis" 
office,  flung  at  him  insulting  epithets,  and  told  him  in 
a  most  insinuating  way  that  some  men's  days  were 
numbered.     Then    he    walked   away   and  entered   a 

Poi'.  Tiun.,  Vol.  I.    41 


GJO 


POPULAR  TRIBUNALS  OF  MONTANA. 


certain  house.  He  had  been  there  but  a  short  time 
when  it  was  surrounded  by  a  company  of  three  hun- 
dred men,  members  of  the  Vigilance  Committee. 
They  were  all  armed,  and  acted  with  preconcerted 
method,  placing  a  guard  about  town,  and  fully  pre- 
paring for  resistance.  This  was  about  four  o'clock  in 
the  afternoon;  bu.siness  generally  was  suspended,  and 
though  no  excitement  was  exhibited  the  streets  were 
filled  with  people  in  a  hushed  state  of  expectancy. 
Few  knew  who  was  to  be  arrested.  A  strong  forcd 
then  entered  tlic  building  and  took  Slade  prisoner 
with  but  little  resistance.  He  was  marched  down 
the  street  to  a  rnvino,  wliere  to  his  dismay  he  saw  a 
newly  erected  gallows  prepared  for  him.  As  death 
stared  him  in  tho  face  he  was  cowed;  his  defianot' 
was  now  changed  into  piteous  supplication;  he  ner- 
vously glanced  about  him  only  to  behold  the  hills, 
streets,  and  liouse-tops  covered  with  men,  women, 
and  children,  who  to  witness  his  execution  had  thus 
<'()me  together.  The  prisoner  begged  that  he  might 
see  his  wife;  this  request  was  denied,  and  he  was 
ordered  to  mount  the  scaffold.  Ten  minutes  weri' 
then  given  him  in  which  to  prepare  for  death.  He 
asked  permission  to  speak  with  Judge  Davis,  lawyer 
Sanders,  and  others.  Judge  Davis  responded,  wlieii 
the  prisoner  begged  most  beseechingly  that  he  would 
entreat  the  people  to  believe  in  his  innocence,  and 
that  instead  of  taking  his  life  allow  him  to  leave  the 
country,  and  he  would  go  anywhere  they  directed. 
Judge  Davis  told  him  that  he  was  powerless  to  help 
him.  Again  he  urged  that  he  should  be  allowed  time 
to  see  his  beloved  wife  before  he  died.  A  message 
had  been  sent  to  her  an  hour  previous,  but  of  this 
fact  the  Conmiittee  was  ignorant.  The  I'ope  was  ad- 
justed, and  feeling  confident  that  his  death  was  now- 
certain,  his  fixce  turned  deadly  pale  and  his  trembling 
legs  could  scarcely  support  him.  His  cries  for  his 
wife  now  became  more  vehement;  he  must  see  her,  he 
jsaid,  to  arrange  some  business  matters.    Again  as  his 


ARRIVAL  OF  MRS  SLADE. 


m 


armH  wore  bound  he  cried,  "For  God  Almighty's 
sake,  let  me  see  my  beloved  wife  I"  The  crowd  became 
greatly  excited;  the  strongest  emotion  was  exhibited, 
and  cries  of  "Let  him  see  his  wife!"  emanated  from 
every  quarter.  A  rush  for  the  gallows  was  imminent, 
and  a  fight  was  only  prevented  by  the  sudden  levelling 
of  three  hundred  guns  upon  the  turbulent  mass  that 
now  tossed  like  an  angry  sea.  A  subdued  quiet 
quickly  followed,  broken  only  by  the  continued  appeals 
of  the  prisoner,  which  were  now  unavailing.  His 
immediate  execution  was  determined  upon ;  for  if 
they  relented  and  allowed  him  extra  time  he  might 
be  rescued  by  his  friends.  With  eyes  unblinded  the 
trap  was  sprung,  and  the  man  fell  thirty  inches,  the 
toes  just  touching  the  ground.  After  hanging  fc»r 
half  an  hour  the  body  was  taken  down  and  conveyed 
to  the  Virginia  Hotel. 

The  crowd  was  slow  to  disperse;  no  complaints 
were  uttered  aloud  except  by  Naylor  Thompson, 
Slade's  late  companion  in  iniquity,  whose  threatenings 
of  vengeance  were  silenced  by  tlu!  guard,  who  marched 
him  to  the  gallows  and  would  have  executed  him  but 
for  the  I'cmonstrance  of  the  by-standers.  He  was  lib- 
erated with  the  understanding  that  he  should  be  ban- 
ished from  the  country. 

The  excitement  consequent  upon  his  arrest  and 
release  had  scarcely  subsided  when  Mrs  Slade  drove 
up  to  the  hotel,  and  alighting  was  conducted  to  the 
room  where  the  body  of  her  husband  lay.  It  was 
scarcely  half  an  hour  since  he  had  been  carried  from 
the  gallows,  and  not  until  Mrs  Slade  entered  the 
apartment  did  she  receive  knowledge  of  his  death. 
Her  grief  seemed  overpowered  for  the  moment  in 
thinking  of  the  manner  of  his  taking- off,  and  she 
prayed  that  God's  vengeance  would  descend  upon  tb' 
murderers  of  her  husband.  She  asked  why  some 
one  did  not  shoot  him  instead  of  suffering  him  to  die 
a  felon's  death.  The  sympathy  of  the  community  was 
with  her,  for  she  had  always  borne  an  excellent  repu- 


(IV  • 
il-;; . 


«1)2 


POPULAR  TRIBUNALS  OF  MONTANA. 


tjition  among  u  largo  circle  of  acquaintances.  At  lior 
request  the  body  was  temporarily  interred  in  the  vil- 
lage cemetery,  and  afterward  removed  to  Illinois. 

Dimsdale,  writing  of  Captain  Slade,  says,  "There 
are  probably  a  thousand  individuals  in  the  west  pos- 
sessiniT  »  correct  knowledge  of  the  leading  incidents 
of  a  career  that  tci-minatcd  at  the  gallows,  who  still 
speak  of  Slade  as  a  perfect  gentleman,  and  who  not 
only  lament  his  death,  but  talk  in  the  highest  terms 
<jf  his  character,  and  pronounce  his  execution  a  mur- 
der. One  way  of  accounting  for  this  diversity  ol" 
opinion  regarding  Slade  is  sufficiently  obvious:  Those 
who  saw  him  in  his  natural  state  only,  would  pro- 
nounce him  to  be  a  kind  husband,  a  most  hospitable 
liust,  and  a  courteous  gentleman.  On  the  contrary, 
those  who  met  him  when  maddened  with  liquor  and 
surrounded  by  a  gang  of  armed  roughs  would  pro- 
nounce liim  a  fienil  incarnate."  Again  ho  says,  "Cap- 
tain Slade  was  tlie  idol  of  liis  follower's,  the  terror  of 
his  enemies  and  t)f  all  that  were  not  within  the 
charmed  circle  of  his  dependents.  In  him  ijjcnerositv 
and  destructiv'eness,  brutal  lawlessness  and  courteous 
kindness,  lirm  friendshi[)  and  volcanic  outbreaks  of 
fury,  were  so  mingled  tliat  he  seeiin,!  like  one  boi'ii 
out  of  date.  He  should  liave  lived  in  leudal  times. 
In  modern  times  he  stands  almost  alone." 

Time  was  when  a  stage  arriving  in  safety  was  a 
matter  for  tjeneral  coni^ratulation.  For  a  traveller  to 
run  this  gauntlet  of  highwaymen  without  disturbance 
one  would  think  almost  an  unusual  occurrence.  But 
the  war  of  extermination  was  conducted  with  vigor. 
James  Brady,  early  in  the  summer  of  18G4  living  at 
Nevada  City,  shcjt  one  Murphy,  whom  the  physicians 
declared  could  not  live.  The  people  argued  in  this 
wise :  If  with  malice  prepense  Brady  points  a  weapon 
at  Murphy  and  fires,  is  not  Brady  equally  guilty 
whether  the  shot  proves  fatal  or  not?  The  law  said 
no;  the  people  said  yes.    Murder  was  in  the  heart,  in 


WHIPPING  AND  IIAXOING. 


e«i 


the  mind,  in  the  cyi;  and  finger  of  Bimly,  and  ho  is 
very  whit  a  murderer  as  much  witli  Murphy  livinj^ 
as  with  Murphy  dead.  Certain  absurdities  are  essen- 
tial to  law.  And  this  is  one  of  them:  that  if  the  l)all 
strikes  a  rib  and  so  is  turned  from  its  deadly  errand, 
tlio  crime  is  called  by  one  name;  if  it  strikes  l)ut  a 
trifle  higher  or  lower,  tlie  crime  is  called  bv  another 
name.  Yet  the  purposi;  was  one,  and  the  ])unisliment, 
if  the  law  was  perfect  in  its  action,  would  be  iine.  The 
law,  however,  is  obliged  to  judge;  intentions  from  re- 
sults; and  lierein  tiie  law  is  deficient. 

Brady  was  i)roprietor  of  a  drinkmg-saloon.  Wiicn 
he  saw  what  he  had  done  ho  throw  away  his  weapon 
and  lied,  but  was  soon  overtaken  l)y  officers  of  tlie 
A'^iijilance  Committee  and  bi-oULrht  back  to  town.  The 
ne.\t  moi-ning  he  was  tried  by  tlie  j)eopl('  and  sentenced 
to  die.  Five  tliousand  persons  witnessed  Brady's  ex- 
ecution. He  was  marched  to  the  gallows  just  outside 
the  town  by  a  guar<l  of  two  hundred  vigilants. 

J(;ni  Kelly,  Brady's  barkeeper  and  assi^.ant  in  the 
shooting,  was  present  at  the  trial  and  execution  of  his 
friend,  and  was  himself  adjudged  deserving  of  fifty 
lashes  on  his  bare  back,  which  punishment  was  in- 
flicted in  an  unfinished  house  near  by.  Afterward 
Kelly  took  to  the  road,  and,  as  will  bo  seen,  pur.suod 
his  evil  career.  In  July  a  coach  was  robbed  between 
Virginia  and  Salt  Lake.  A  party  of  ^Montana  vigil- 
ants set  out  in  pursuit  of  the  robbers.  Learning  that 
Kelly  was  implicated  in  the  robbery,  and  that  he  had 
been  indulging  in  other  irregularities,  thcv  finallv 
succeeded  in  catching  him  on  Snake  River,  and  after 
a  trial  he  was  hanged.  His  chief  regret  seemed  to  be 
in  having  to  suffer  two  punishments,  whipping  and 
hanging. 

At  Salt  Lake  City  in  August  f  864  one  John  Dolan 
was  brought  before  the  provost  marshal  for  examina- 
tion on  a  charge  of  having  stolen  some  seven  hundred 
dollars  from  James  Redmond  of  Virginia,  Montana. 


694 


POl'ULuVll  TRIBUNALS  OF  MONTANA. 


The  prisoner  had  been  arrested  by  John  McGrath,  an 
executive  officer  of  the  Montana  Committee  of  Vigil- 
ance, then  embracing  nearly  all  of  the  better  class  of 
inhabitants  of  the  territory. 

As  a  matter  of  course,  the  man  had  been  arrested 
without  process  of  law ;  McGrath  had  no  warrant  for 
his  custody.  He  was  present  at  the  examination, 
as  was  also  Featherstone,  deputy- sheriff  of  Madison 
County,  Montana.  After  hearing  the  statements  of 
both  sides,  the  provost  marshal  decided  that  he  had 
no  jurisdiction  in  the  matter.  There  had  been  no- 
where filed  any  affidavit  alleging  offence.  No  warrant 
had  issued  from  any  legally  constituted  body.  He 
.simply  found  himself  in  charge  of  a  man  against  whom 
no  proceedings  had  been  taken.  If  the  prisoner  had 
committed  any  offence,  continued  the  judge,  either  in 
this  or  in  an  adjoining  territory,  the  proper  course 
would  have  been  to  have  taken  him  before  the  civil 
authorities,  who  upon  application  would  have  issued  a 
warrant  for  his  arrest  and  transportation  to  the  proper 
place  for  trial.  Such  proceedings  having  been  neglected, 
the  provost  marshal  decided  that  he  had  the  authority 
neither  to  hold  the  man  nor  to  deliver  him  to  either 
of  the  applicants  for  his  custody,  which  applicants 
were  the  civil  authorities  of  Madison  County  and  the 
Vigilance  Committee  of  Montana,  by  their  respective 
officers.  It  was  therefore  ordered  that  John  Dolan 
be  discharged  from  the  custody  of  the  provost  guard. 

This  was  done.  The  law  acknowledged  its  impo- 
tency,  and  let  loose  one  of  a  class  who  were  preying 
upon  the  vitals  of  a  large  and  widely  scattered  com- 
munity. Not  so  the  Vigilance  Committee.  There 
were  more  members  of  the  association  at  that  time 
in  Salt  Lake  City  than  McGrath.  Dolan  had  not 
proceeded  far  from  the  precincts  of  the  law  which 
had  treated  him  so  kindly,  when  he  was  seized  and 
thrust  into  an  outward-bound  stage,  which  carried 
him  back  to  the  scenes  of  his  irregularities  and  to  tlie 
custody  of  those  less  trammelled  by  forms  of  justice. 


DOLAN,  SLATEE,  KEENE. 


C9.> 


They  arrived  at  Nevada  on  the  16th  of  September. 
His  trial  was  a  lengthy  one,  but  his  guilt  was  conclu- 
sively proved,  so  that  his  confession  was  only  in  con- 
firmation of  what  was  already  known.  He  offered  to 
make  good  to  Redmond  his  loss  if  the  Vigilance  Com- 
mittee would  release  him.  Three  hundred  dollars  had 
already  been  recovered.  The  sentence  pronounced  by 
the  Committee  was  death  by  hanging,  and  was  carried 
into  effect  at  sundown  of  Saturday  evening,  the  17tli 
of  September,  in  the  presence  of  thousands  of  people 
assembled  from  neighboring  districts.  Immediately 
after  the  execution  of  Dolan  the  remaining  sum  of 
four  hundred  dollars  was  collected  and  handed  ovei-  to 
Redmond,  so  that  by  the  death  of  the  miscreant  he 
should  not  be  defrauded  of  the  money.  "An  act  of 
scrupulous  honesty,  probably  never  before  paralleled 
in  any  citizens'  court  in  the  world,"  says  Dimsdale. 

Before  the  arrest  of  Dolan  letters  had  been  re- 
ceived informing  the  Committee  that  he  was  an  asfsu- 
ciate  of  Kelly  who  was  hanged  at  Snake  River,  and 
accessory  to  many  crimes. 

Henry  Slatei-  was  a  rough  of  reputation.  In  Utah 
and  Nevada  he  was  well  known,  too  well  known  for 
his  own  comfort;  so  when  diggings  were  discovered 
at  Last  Chance  Gulch,  on  the  edge  of  Prickly  Pear 
Valley,  near  where  now  is  the  town  of  Helena,  he 
was  the  first  to  cast  in  that  camp  his  evil  lot. 

At  Salt  Lake  he  would  have  shot  Colonel  W.  ¥. 
Sanders  in  the  back  had  he  not  been  prevented  by 
by-standers.  For  this  and  many  other  outrages  he 
would  have  died  had  he  not  saved  his  life  by  suil- 
den  flight  from  Virginia.  John  Keene  was  likewise 
a  bad  man.  He  was  once  baikceper  for  Samuel 
Schwab  at  Virginia.  He  too  came  to  Helena,  not 
for  the  purpose  of  curbing  liis  evil  propensities,  but 
that  he  might  the  more  unrestrainedly  indulge  them. 
Between  Slater  and  Keene  a  feud  had  long  existed. 
Neither  knew  that  the  other  was  in  town,  when  one 
day  as  Slatei*  was  sitting  in  front  of  a  saloon  with  his 


696 


POPULAR  TRIBUNALS  OF  MONTANA. 


hat  drawn  over  his  face  Keene  came  along,  looked  at 
him  sharply  for  a  moment,  and  then  without  a  word, 
drew  his  pistol  and  planted  two  balls  in  Slater's  body, 
which  ended  forever  that  desperado's  career.  Keene 
was  arrested,  and  in  the  absence  of  a  jail,  the  sheriff 
confined  him  in  his  house.  A  crowd  gathered.  Prom- 
inent among  its  expressions  of  feeling  was  that  of 
disgust.  Taking  the  prisoner  from  the  sheriff  they 
marched  him  into  a  lumber-yard  near  by,  appointed  a 
jury,  and  proceeded  to  try  him.  The  trial  lasted  far 
into  the  night,  a  strong  guard  meanwhile  being  Icept 
round  the  piisoner.  Finally  he  was  found  guilty  and 
executed.  Thus  the  camp  was  cleared  of  two  of  its 
most  venomous  inhabitants. 

This  was  the  first  execution  in  Helena;  the  prisoner 
was  hanged  fiom  a  tree  in  Dry  Oulch,  wliich  after- 
ward served  that  purpose  repeatedly  for  thieves  and 
murderers  in  the  northern  part  of  the  country. 

John  Keene  was  also  known  as  Bob  Black.  In  tlie 
Memphis  Appeal  of  November  24,  1865,  is  an  article 
giving  an  accoimt  of  an  unparalleled  <'ataloguc  of 
crime,  of  which  Bob  Black  was  the  hero.  After  "a 
career  of  desperation  and  crime,  which  if  given  in  its 
details  woiild  cause  the  blood-thirsty  tf\lcs  of  the 
yellow-covered  trasli  to  pale  for  their  very  puerility 
and  tameness,  he  escaped  from  Memphis,  and  with  a 
couple  of  accomplices  began  a  system  of  wholesale 
murder  and  lobbery  on  the  Hernando  road.  The 
atrocity  and  boldness  of  these  acts  created  tlie  greatest 
excitement  in  Memphis."  After  leaving  that  city 
Kelly  went  to  Miimesota  under  his  own  name.  Be- 
fore long  he  organized  a  band  of  twenty  men  and 
transferred  his  depredations  to  a  wider  sphere  through- 
out the  territories. 

Writin«)f  from  Montana  one  savs: 

"A  few  rods  Houtli  of  Helena,  and  just  west  of  the  present  overland  staj,'(-! 
road  where  it  trussed  Dry  Guluh,  and  directly  in  the  gulch,  there  stands  ii 
venerable  pine,  whoso  massive  lower  brandies  of  weird  and  fantastic  growth 
extend  twenty  feet  or  more  from  tiie  gnarled  and  moss-covered  trunk.  Years 
■ince  it  lost  its  foliage,  and  now  it  is  gradually  yielding  to  decay,  and  ere  long 


THE  HISTORIC  PINE. 


697 


a  clotl  of  vegetable  mould  will  alone  remain  to  mark  the  site  of  the  famona 
hangman's  tree.  Could  the  old  pine  speak,  what  tales  it  could  tell !  But  perhaps 
'tis  best  that  speech  is  not  given,  and  that  with  the  life  of  the  old  tree  should 
pass  the  recollection  of  those  early  days  when,  forbearance  having  ceaaeil  to  bo 
a  virtue,  a  short  shrift  and  a  hempen  cord  became  necessary  to  rid  tlic  country 
of  the  desperadoes  that  infested  it,  and  thus  secure  long  needed  protection  to 
lives  and  property  of  honest  citizens.  Now  law  and  order  reign  throngliont 
the  territory,  and  justice  is  attainable  and  administered  througli  regular 
channels,  and  it  is  to  be  hoped  that  never  again  will  circumstauces  call  for  or 
justify  the  formation  of  such  an  organization  aa  was  that  of  the  Vigilance 
Committee." 

During  a  long  and  successful  career  of  twelve 
years'  duration,  Jacob  Seachriest,  sometimes  called 
Jake  Silvie,  had  practised  brigandage.  Ho  counted 
his  uuirdors  at  the  rate  of  one  a  year,  that  is  to  say 
twelve  in  all.  Shortly  after  Koene's  execution  Sea- 
chriest was  arrested  at  Diamond  City  upon  divers 
charges,  which,  when  his  arrest  was  known  at  Helena, 
were  greatly  multiplied.  The  Helena  vigilants  then 
took  the  matter  in  charge,  brought  the  prisoner  to 
town,  and  confined  him  in  the  same  r-abin  whtn-c 
Keene's  last  night  was  spent.  Thence  hv  was  taken, 
after  trial  and  condemnation,  to  the  histori"  tree  in 
Dry  Gulch. 

When  Seachriest  found  denial  of  guilt  was  of  no 
avail,  he  unburdened  his  mind  by  a  full  I'ecital  of 
atrocities  committed.  Previously,  howcvta',  he  liad 
begged  for  a  minister,  and  appearing  ri'|t(Mitant  was 
baptized. 

Three  horse-thieves  were  hanged  by  th(!  Committee 
of  Vigilance  of  Montana  on  the  10th  of  June  IH()(5 
near  Helena,  and  the  Committee  were  then  in  pursuit 
of  others.  Throughout  all  the  more  thidcly  settled 
portions  of  the  territory  was  posted  the  following 
notice : 

"  Beware !  The  \igilance  Committee  is  in  session !  Beware  of  the  careless 
use  of  tii'e-arms ! 

"By  order  of  the  Committee  ok  Vigilance." 

The  27th  of  September  18G5  two  horse-thieves 
named  Jones  and  Collins,  but  called  respectively  Jack- 


698 


POPULAR  TRIBUNALS  OF  MONTANA. 


son  and  Morgan,  were  executed  by  the  Vigilance 
Committee.  The  occupation  of  lawyers  and  judges  at 
this  time  and  in  these  parts  was  extremely  restricted. 
Two  months  later,  that  is  to  say  the  28th  of  Novem- 
ber, George  Saunders  was  found  hanging  upon  the 
old  Dry  Gulch  tree  with  the  following  inscription 
pinned  to  his  back: 

"  This  r..an  was  hung  for  robbing  A.  Slane  of  $1180,  and  for  some  amaller 
stealings.'' 

There  too,  upon  the  same  Dry  Gulch  tree,  perished 
in  March  1866  James  Daniels,  tried,  convicted,  and 
imprisoned  by  the  law  for  the  murder  of  Andre\\' 
Gaitley,  but  pardoned  by  the  governor.  Says  the 
Montana  Post  of  the  10th  of  March  of  this  execu- 
tion : 

"The  judge,  as  in  duty  bound,  forthwith  ordered  the  arrest  of  the  liber- 
ated criminal,  and  then  returned  to  Helena  with  the  acting  marshal's  order  to 
his  deputy,  John  Featherstone,  to  secure  the  runaway,  who  had  fled,  it  Mas 
supposed,  to  that  vicinity.  There  was  no  such  intention  as  flight  in  the  mmd 
of  Dauiels.  He  went  there  to  i-cvenge  himself  on  the  witnesses,  as  he  had 
threatened.  At  Duston  Hot  Spring  Rancho,  fifteen  miles  from  Helena,  a 
reliable  man  informed  judges  Munson  and  Strickland  that  Daniels  had  told 
him,  when  he  passed  in  the  coach,  that  he  was  going  to  Helena  to  attend  to 
one  or  two  jobs  of  men  who  had  testified  against  him.  A  fit  subject  for  mercy 
was  Daniels,  surely.  This  news  arrived  in  town  almost  as  soon  as  he  did.  He 
seemed  to  feel  intuitively  that  something  wis  brewing  tliat  boded  no  good  for 
him,  and  he  went  to  Featherstone,  who  was  yet  without  orders,  and  asked  his 
protection.  He  was  permitted  to  stay  at  the  office,  and  at  night  that  officer 
accompanied  him  to  the  place  where  he  was  going  to  sleep.  At  Daniels'  special 
request  Featherstone  went  around  town  to  see  if  he  could  gather  any  infor- 
mation of  u  suspicious  kind  as  regarded  any  proposed  attempt  on  the  person 
of  the  culprit.  No  symptoms  were  discovered,  and  he  returned  to  infor.u 
Daniels  that  he  was  safe.  On  arriving  at  the  store  he  was  apprised  of  hi^ 
having  been  taken  away  by  parties  unknown  to  the  owners  of  the  store,  ami 
in  the  morning  his  lifeless  body  was  found  suspended  from  the  murderers'  tree 
in  Dry  Gulch." 

Charles  Jewett  met  an  ancient  enemy  at  Diamond 
City  the  4th  of  February  1866. 

"How  are  you  getting  along?"  asked  the  ancient 
enemy. 

"  I  will  show  you !"  exclaimed  Jewett,  who  there- 
upon drew  and  fired;  but  failing  of  its  message,  the 


A  THIRSTY  SPOT  INDEED. 

bullet  entered  the  breast  of  another  whose  name  was 
Fisher,  wounding  him  dangerously.  The  law  examined 
Jewett,  and  the  sheriff  took  him  to  Gallatin,  where  he 
lived,  and  placed  over  him  a  guard  of  two.  Meanwhile 
as  the  facts  became  noised  the  people  pondered.  Jewett 
was  not  a  lovely  character.  That  he  was  not  now  a 
murderer  was  through  no  fault  of  his;  that  he  would 
be  one  if  left  at  large  was  certain.  In  common  with 
all  men  he  must  die;  following  the  courfie  of  the 
wicked  he  must  die  soon.  Is  it  not  better  he  should 
die  quietly  now,  than  after  further  uproar  and  a  pro- 
miscuous scattering  of  bullets  ?  As  the  resvilt  of  these 
meditations  and  nmrmurings  Charles  jewett  was 
found  hanging  next  day  in  full  view  of  Gallatin  City. 
Likewise  not  far  distant  was  found  suspended  another 
unfortunate,  of  what  name,  by  whom  so  placed,  or  for 
what  wickedness,  no  one  seemed  to  know. 

The  Walla  Walla  Statesman,  commenting  on  affairs 
in  Montana  in  April  1866,  offers  the  following  strong 
testimony  in  favor  of  the  Montana  Committee  of 
Vigilance : 

"A  circular  issued  by  the  vigilants  of  Montana  says  that  the  organization 
is  still  in  active  existence,  and  that  all  oflfences  against  iicrsons  or  property  will 
be  summarily  punished.  Tlie  practice  of  drawing  deadly  weapons  is  repro- 
bated, and  those  who  thus  offend  are  warned  that  punishment  will  surely  follow. 
As  a  rule  vigilance  committees  are  objectionable,  but  in  he  case  of  Montana 
it  is  doubtful  whether  honoat  men  could  have  remained  in  the  country  had  it 
not  been  for  the  Vigilance  Committee.  As  it  is,  life  and  property  are  a^  well 
protected  in  Montana  as  in  any  country  iji  the  world,  and  all  because  the 
people  have  taken  the  law  in  their  own  hands." 

Two  miners  at  German  Gulch,  J.  L.  Goones  and 
Hugh  Dowd,  lived  together  all  winter,  working  by  day 
and  sleeping  at  night.  All  went  well  until  one  day 
in  April  1866  the  two  men  drank  and  disputed. 
Goones  stabbed  Dowd,  and  the  people  hanged  Goones, 
though  Dowd  was  not  then  dead. 

Dry  Gulch  again;  June  1866.  'Frenchy'  he  was 
called,  but  his  right  name  was  John  Croucliet.  He 
was  thirty-five  or  thereabout  and  came  from  the  Boi.su 
country  to  these  parts.    Frenchy  was  a  sort  of  limb 


700 


POPULAR  TRIBUNALS  OF  MONTANA. 


of  the  law,  which  circumstance  led  him  to  the  limb 
of  the  hangman's  tree.  Elevated  to  the  post  of  night- 
watchman,  he  stole  seven  hundred  dollars  from  a 
drunken  man :  a  very  mean  thing  for  even  an  officer 
of  the  law  to  do.  With  four  hundred  dollars  of  it  he 
made  himself  first  interesting,  then  roaring.  When  he 
could  drink  no  more,  being  under  confinement,  repent- 
antly he  returned  three  hundred  of  the  dollars.  Upon 
the  back  of  what  was  Frenchy  his  epitaph  was  posted : 

"  No.  7.  A  robber,  perjurer,  and  one  who  tried  to  swear  away  the  lives 
of  innocent  men.    An  old  offender  caught  at  last." 

Then  began  men's  consciences  to  question  them: 
Had  they  ever  robbed  or  sworn  wrongfully,  and  should 
they  too  some  morning  awake  to  find  what  remained 
of  themselves  hanging  upon  the  classic  tree? 

Twenty  of  the  best  citizens  of  Argenti  banded  the 
28th  of  December  1866  for  protection  against  crime, 
unable  longer  to  endure  the  glorious  uncertainty  of 
the  law. 

Fat  cattle  were  Jim  Walter's  fancy;  though  Jim 
Walter  was  his  work-day  name  only,  which  he  em- 
ployed as  one  puts  on  a  suit  of  soiled  clothes  for  dirty 
work.  Arrayed  in  respectability,  and  James  P.  Staley 
was  his  name.  But  whatever  his  name,  he  had  a 
fondness  for  fat  cattle.  He  was  not  particular  where 
they  were  fatted,  on  the  Missouri  or  in  the  valley  of 
the  Gallatin,  but  the  more  convenient  they  were  to 
his  unpretentious  slaughter-house  on  Willow  Creek 
the  better.  There  was  a  good  market  for  the  meat 
in  that  vicinity,  too.  This  was  at  Helena,  and  early 
in  January  1867.  Presently  the  stock-raisers  began 
to  miss  their  finest  cattle,  and  Staley  was  charged 
with  having  stolen  them.  He  concluded,  all  things 
being  weighed,  that  it  was  best  for  him  to  leave  that 
place.  Opposed  to  walking,  he  took  a  horse  that  was 
not  his  and  rode  away.  A  body  of  cattle-raisers  was 
soon  after  him.  Staley  was  forced  to  quit  the  road  and 
plunge  into  a  thicket.   Night  coming  on,  the  pursuers 


LAST  OF  CHARLES  WILSON. 


701 


built  a  large  fire,  when  their  game  was  discovered 
lying  flat  upon  his  breast  pointing  his  pistol  at  them. 
To  an  order  to  come  out  he  replied  by  discharging 
his  weapon.  The  party  then  fired  simultaneously,  and 
the  fellow  was  riddled  with  bullets. 

From  a  tripod  formed  of  three  fence-rails  twelve 
feet  in  length  the  body  of  Charles  Wilson  was  found 
dangling  one  morning  in  September  18G7.  It  was  by 
the  stone-quarry  near  Virginia.  The  body  was  fully 
dressed,  the  hat  upon  the  head,  the  pockets  untouched, 
and  on  the  ground  lay  a  blanket.  The  feet  just 
touched  the  grass,  and  the  single  word  "Vigilaiits" 
labelled  the  back.  Wilson  had  been  a  companion  of 
Slade's,  an  employe  of  the  express  company,  a  mem- 
ber of  militia  company  D,  and  lu^lper  on  tlic  overland 
railroad.  Last  of  all,  his  occupation  was  tliat  of  road 
agent.  It  appears  that  a  secret  association  had  re- 
cently been  organized,  numbering  thirty-five  actixe 
agents,  with  over  a  hundred  supernumeraries,  who 
stood  ready  as  occasion  required  to  assist,  shield,  and 
comfort  members  of  the  brotherhood.  The  purposes 
of  the  organization  were  robbery,  and  when  deemed 
expedient,  incendiarism  and  murder.  The  thirty-five 
were  to  do  the  work;  the  one  hundred  to  assist  escape, 
or  if  any  were  captured  to  act  as  jurors,  witnesses,  and 
bondsmen.  The  overland  treasure  shi})ments  were  to 
have  their  especial  attention;  likewise  the  burglary  of 
certain  stores  in  Virginia.  Several  prominent  citi- 
zens, who  objected  to  spend  their  lives  in  planting  for 
others  to  reap,  were  also  marked  for  murder.  All 
this  and  more  was  imparted  by  one  who  had  recently 
been  sworn  in  as  member;  but  what  he  told  the  Vig- 
ilance Committee  they  already  knew.  Thus  after  a 
respite  in  this  quarter  began  an«w  the  work  of  exter- 
mination. One  Douglass,  a  cattle-thief,  escaped  from 
the  Helena  prison,  and  falling  into  his  old  ways  again 
was  caught  and  executed  by  thief-hunters. 

For  some  time  past  the  Virginia  Committee  had 
remained    passive,   leaving   to   law   its   opportunity. 


I 


702 


POPULAR  TRIBUNALS  OF  MONTANA. 


During  their  former  exercise  of  power  they  had  suc- 
ceeded in  intimidating  crime,  and  a  period  of  quiet 
followed.  But  the  discovery  of  the  existence  of  a  new 
and  powerful  criminal  organization  awoke  them  to  the 
necessity  of  renewed  action,  and  the  execution  of 
Wilson  was  the  beginning  of  a  new  regime.  The  re- 
vival of  activities  on  the  part  of  the  Vigilacce  Com- 
mittee called  forth  much  discussion.  There  w^as  less 
partisan  spirit  manifest  now  than  formerly.  Now 
almost  all  the  Montana  journals  without  regard  to 
politics,  unite  in  awarding  the  highest  praise  to  the 
vigilance  organization.  Says  the  Helena  Gazette,  the 
leading  democratic  paper  in  the  territory,  in  October 
1867: 

"  With  many  of  our  good  citizens,  we  have  deprecated  the  existence  of 
such  an  irresponsible  body  in  Montana  aa  a  yigilance  committee,  but  cliicfly 
deprecated  its,  at  times,  necessity.  That  this  organization  brought  urdur 
out  of  the  most  bloody  anarchy  in  Montana,  at  a  time  when  law  was  power- 
less, its  executive  oihceu  being  in  the  hands  of  villains,  no  one  at  this  Juy 
doubts.  That  many  cold-blooded  murderers  and  daring  robbers  have  gone 
unwhipped  of  justice  since  they  ceased  to  take  cognizance  of  such  matters  is 
also  true,  and  has  been  lamented  by  all  good  citizens  who  wished  to  see  the 
law  predominant." 

A.  K.  INIcClure,  writing  from  Montana  in  the  autumn 
of  1867  to  the  New  York  Tribune,  says  of  tlic  vigil- 
ance organization : 

"Of  the  brave  men  who  inaugurated  and  openly  sustained  this  movement, 
DO  one  can  justly  be  awarded  exclusive  praise ;  but  there;  is  one  who  figures 
as  conspicuously  in  the  history  of  the  vigilants  as  did  I'himnicr  in  the  reign 
of  terror.  Some  twelve  years  ago  I  was  accustomed  to  meet  on  the  streets 
of  Chambcrsburg,  Pa.,  a  young  man  named  John  X.  Beidlcr.  His  frugal 
wants  were  supplied  by  the  manufacture  of  brooms,  and  finully  he  mixed  tlie 
best  of  cocktails  and  juleps  at  a  neighboring  summer  resort.  lie  was  as 
amiable  and  unofTending  a  lad  as  the  community  could  fnrnisli,  and  his  jolly, 
genial  humor  made  him  a  favorite  with  all  who  knew  him.  Although  he  liad 
attained  liis  majority,  ho  Mas  scarcely  live  feet  six  incliea  in  height,  and  was 
far  below  the  average  of  men  in  pliysical  jjowers.  He  linallj'  wandered  west 
in  search  of  fortune,  and  soon  after  the  advent  of  Plummer  came  X.,  tlie  only 
name  by  which  he  is  universally  known  in  Montana.  Thus  the  l)ane  and  the 
antidote  were  close  upon  each  other.  Strong  in  his  inhjrent  love  of  honesty, 
a  stranger  to  fear,  not  powerful,  but  quick  as  thought  in  his  actions,  and  limi 
in  his  purpose  as  the  eternal  mountains  around  him,  ho  naturally  entered 
promptly  and  earnestly  into  the  efifort  to  restore  order  and  safety  to  society. 


JOHN  X.  BEIDLER. 


703 


That  littlo  was  expected  of  him  when  he  first  cast  his  lot  with  the  stem  re- 
formers is  not  surprising,  but  his  tireless  perseverance,  unfaltering  courage, 
and  siiiguhu-  skill  in  thwarting  the  pluus  of  the  common  enemy,  soon  made 
him  the  chief  pillar  of  the  organization  and  the  unspeakable  terror  of  every 
desperado.  This  diminutive  man,  without  family  or  property  to  defend,  has 
himself  arrested  scores  of  the  most  powerful  villains,  and  lias  executed,  in 
open  day,  an  equal  number  under  the  direction  of  the  wonderful  fountain  of 
retribution  that  was  unseen  but  was  surging  around  the  hasty  scaiTold.  So 
expert  is  he  with  his  faithful  pistol  that  the  most  scienced  of  rogues  have 
repeatedly  attempted  in  vain  to  get  the  drop  on  him ;  quick  as  a  flash  his 
pistol  is  drawn,  cocked  while  drawing  it,  and  presented  to  the  doomed  man 
with  the  stern  demand,  'Hands  up,  sir !'  and  the  work  is  done.  At  one  time, 
without  aid.  he  arrested  six  of  the  most  desperate  thieves  in  a  body,  all  well 
armed,  and  marched  them  before  him  to  prison.  'Hands  up,  gents!'  was 
the  first  intimation  they  had  from  him  that  he  had  business  with  thcni,  and 
submission  was  the  only  course  of  safety.  Had  any  one  of  them  attempted 
to  reach  toward  his  belt  he  would  have  fallen  that  moment.  There  were 
citizens  close  by,  and  how  many  of  them,  if  any,  were  sworn  to  protect  and 
ready  to  aid  Beidler,  ho  knew,  while  the  prisoners  did  not.  This  indefinite, 
unseen,  immeasurable  force  seems  to  have  over  stricken  the  most  courageous 
thieves  and  murderers  nerveless,  when  its  sudden  and  fatal  grasp  was  thrown 
around  them.  They  would  fight  scores  of  men  for  their  lives  in  any  ordinary 
attempt  to  arrest  them,  but  they  were  invariably  weakened  when  th-j  citizen 
confronted  them  in  the  name  of  public  safety.  No  formalities  were  known. 
No  process  was  read  bearing  the  iiigh  seal  of  the  courts.  When  or  where  the 
dread  summons  of  the  great  unseen  tribunal  would  come  none  could  conjecture. 
The  sleeping  companion  of  the  desperado  in  some  distant  rancho  would  prob- 
ably drink  and  breakfast  with  him,  and  then  paralyz<;  liim  by  the  notice, 
'You're  wanted — business  at  Virginia !'  In  no  instance  <lid  any  of  the  many 
lawless  characters  arrested  by  the  vigilants  over  fire  a  i>i8tol  in  their  own 
defence,  even  when  they  knew  that  death  was  inevitable.  In  niyst  coses  the 
opportunity  was  slight,  but  under  all  ordinary  circumstances  the  narrowest 
chances  would  be  taken  to  cfTect  escape.  From  '  X'  no  criinuial  ever  got  away. 
To  have  attempted  it  would  have  been  but  to  hasten  death.  So  mucli  did  the 
desperadoes  respect  as  well  as  fear  him,  that  most  of  them,  wlien  condemned 
to  die  by  his  hund,  committed  thuir  last  rci^uests  U)  him,  and  with  hiir  they 
have  been  sacred.  Order  and  public  safety  have  been  restore'.!,  bu^.  lie  still 
has  emplo3rment  in  his  favorite  line,  lie  continues  to  act  as  the  (thief  detec- 
tive of  the  territory.  lie  comes  niid  goes,  and  none  but  himself  knows  liis 
errand.  'What'sup,  X?'  is  a  (jucry  that  is  generally  answered,  'After  tracks;' 
and  'Don't  know,'  is  his  usual  ruply  to  all  questions  as  to  his  route  or  time 
of  departure.  Ho  has  traversed  alone  every  highway  and  set  lenient  of 
Montana,  prospected  many  of  the  nncxiilorcd  regions,  and  is  ever  icady,  with- 
out escort  or  aid,  to  pursue  a  criminal  wherever  he  may  seek  refuge.  His 
career  has  indeed  been  most  remarkable,  iind  Iiis  escape,  urdiarmed,  through 
his  innumerable  conflicts  with  the  worst  men  seems  almost  miraculous.  He 
has  recently  been  appointed  collector  of  customs  for  the  port  of  Helena,  but 
while  there  is  a  thief,  a  defaulter,  a  murderer,  or  a  savage  >*>  disturb  the 


i 
I 


7M 


rOPULtVR  TRIBUNALS  OF  MONTANA. 


pcaco  of  Montana,  he  will  ramain  tho  most  efficient  messenger  of  justice  known 
in  the  mountain  gold  regions.  Ho  has  lost  none  of  his  genial,  kindly  nature 
by  his  long  service  as  the  bearer  of  relentless  retribution  upon  the  lawless, 
and  wherever  he  goes  he  is  welcomed  by  every  lover  of  order  and  government. 
When  ho  is  upon  tho  war-path,  '  it's  no  for  neathiug  the  glcd  whistles,'  and 
crime  has  no  escape  but  in  timely  retreat.  Fully  three  thousand  jierfcctly 
organized  men  are  at  his  back.  They  have  their  companies,  officers,  minute- 
men,  and  messengers  in  every  settlement,  and  he  con  rally  in  an  instant 
scores  or  himdreds  of  true  men  to  his  side. " 


In  connection  with  this  fresh  display  of  popular 
power  there  sprang  up  a  new  and  strange  organiza- 
tion, called  by  some  anti-vigilance,  though  I  should 
term  it  rather  an  opposition  vigilance  committee,  as  it 
seemed  to  op}jose  certain  methods  of  procedure  in  the 
main  organization,  and  not  the  principles  themselves. 
They  objected  not  to  popular  trials  and  executioiis, 
but  to  dark  doings  and  secret  executions  by  night. 
The  Montana  Post,  always  a  strong  upholder  of  vigil- 
ance, vouches  for  the  honesty  and  respectability  ol' 
the  reformatory  association,  and  expresses  the  opinion 
that  the  members  thereof  will  resort  to  extreme  meas- 
ures for  the  fullilinent  of  their  purposes.  Here  is  one 
of  their  warning  cries ;  to  say  the  least,  it  opens  a 
new  phase  in  the  annals  of  vigilance : 

"Wo  now,  as  a  sworn  band  of  law-abiding  citizens,  do  hereby  solemnly 
swear  that  the  first  man  that  is  hanged  by  tho  vigilauta  of  this  place,  we  will 
retaliate  fi\c  for  one  unless  it  be  done  in  broad  daylight,  so  that  all  may 
know  what  it  is  for.  Wo  are  all  well  satisfied  that  in  times  past  you  did  do 
some  glorious  work,  but  tho  time  has  come  when  law  should  be  enforced. 
Old  fellow-members,  the  time  is  not  like  il  was.  Wo  had  good  men  with  us ;. 
but  now  there  is  a  great  change.  There  is  not  a  thief  cornea  to  this  country 
but  what  'rings'  himself  into  tho  present  Conunittee.  We  know  you  all. 
You  must  not  think  you  can  do  na  you  please.  Wo  are  American  citizens, 
and  you  shall  not  drive  and  hong  whom  you  please. 

"Five  poa  Onk." 

It  is  seldom  we  see  a  citizen  ironed  by  the  authori- 
ties for  participation  in  a  popular  movement.  Jack 
Varley  worked  for  a  Mr  Guezalla  at  Deep  Gulch. 
The  master  had  made  money  enough  and  had  con- 
cluded to  leave  tho  country;  the  man  thought  he 
would  like  that  money,  and   so  determined  to   rob 


PET  NAMES  FOR  H^VNGINQ. 


705 


Mr  Guezalla  on  the  road,  which  ho  did,  and  was  pur- 
Bued  and  arrested  for  it  by  the  citizens  of  Deep  Gulch 
and  Beartown.  After  the  people  had  accomplished  his 
work  for  him,  the  Beartown  sheriff  came  forward  and 
demanded  the  person  of  Varley,  but  was  told  that 
while  he  was  at  largo  he  might  have  taken  him  had 
he  been  so  disposed,  but  now  all  his  countrymen  du- 
numded  of  him  was  that  he  should  stand  aside.  The 
sheriff  withdrew,  nettled ;  and  encountering  one  of  the 
vigilants,  McGee,  alone  and  unprotected,  under  some 
frivolous  pretext  he  arrested  and  ironed  him,  telling 
him  meanwhile  that  if  he  would  use  his  influence  to 
have  Varley  delivered  to  the  law  he,  McGee,  should  he 
released.  McGee  indignantly  refused.  Finally  the 
people  tried  and  executed  Varley,  and  McGee  was 
released  on  bail. 

*  Necktie  sociable,'  *  strangulation  jig,'  and  many 
such  euphonious  names  the  people  of  Montana  had 
for  hanging. 

An  incident  is  given  of  a  young  man,  son  of  a  re- 
spectable citizen,  who  in  March  18G8  was  travelling 
from  Bannock  to  Salt  Lake,  and  who,  overtaking  a 
man  with  several  horses  going  in  the  same  dirc.-ticMi, 
naturally  joined  him.  It  appears  that  the  stranger 
with  the  animals  was  a  horse-thief  of  whom  the  Mon- 
tana Vigilance  Committee  were  then  in  pursuit.  They 
had  not  travelled  far  together  when  they  were  over- 
taken, arrested,  tried,  condemned,  and  hanged  together. 

One  day  in  August  18G8  as  William  Hynson  was 
standing  in  the  street  near  the  post-office  in  Benton 
he  was  accosted  by  one  of  the  citizens  of  the  place : 

"There  is  a  man  to  be  hanged,  Bill,  and  we  want 
you  to  help  us." 

"What's  his  name?  what  is  he  to  be  hanged  for?"' 
asked  Hynson. 

"  Never  mind  that,  I  have  no  time  to  talk ;  get  tt 
good  strong  rope  and  help  me  rig  it,  while  the  Com- 
mittee bring  the  fellow  out." 

Hynson  obeyed.    As  long  as  he  was  not  chief  actor 

Pop.  Tbib.,  Voi..  I.    is 


708 


POPULAR  TRIBUNALS  OF  MONTANA. 


in  the  tragedy  it  was  a  pleasure  rather  than  otherwise 
to  be  of  service  to  the  noble  men  who  were  cxercisiu^- 
so  healthful  an  influence  upon  society.  The  rope  was 
brought.  Soon  a  rude  scaffold  was  ready,  in  the 
erection  of  which  Hynson  assisted  with  alacrity. 
"Can't  you  tell  me  who  the   man  is?"  he  asked 


again. 


You 


"No,  no;  fasten  that  end  of  the  rope  strong, 
will  know  all  about  it  presently." 

Coming  up  by  twos  and  threes,  a  crowd  soon  gath- 
ered, when  Hynson  was  ordered  to  take  his  plac«' 
beneath  the  gallows  which  he  had  helped  to  erect, 
for  he  was  the  man  for  whom  it  was  erected.  Ho 
had  stolen  a  rifle  from  Mr  Clagett;  he  had  murdered 
a  Chinawoman,  valued  by  her  owners  at  six  hundred 
dollars;  he  had  knocked  down  and  robbed  a  freighter; 
he  was  a  l)ad  man,  and  he  must  die.  Hynson  did  not 
like  it  at  all;  but  forced  to  comply,  he  took  his  posi- 
tion and  was  soon  dangling. 

Near  the  eastern  boundary  of  Montana  in  Sep- 
tember 1868  Harvey  Wentworth,  Andy  Winenillei'. 
and  William  Thomas  were  arrested  for  lioisc-stealing. 
Those  who  knew  the  men  could  scarcely  believe  tlieni 
guilty;  nevertheless  the  first  two  were  hanged.  Thomas 
escaped. 

Some  time  during  the  winter  of  1869-70  J.  M. 
Wood,  who  had  been  tried  and  condemned  for  the 
murder  of  Tliomab  J.  Duffey  and  pardoned  by  the 
governor,  was  hanged  by  the  people  of  Lewistoii. 
The  jail  at  Diamond  City  was  forced  the  night  of 
March  12,  1870,  and  W.  C.  Patrick,  confined  for  the 
murder  of  John  Denser,  was  taken  thence  by  a  com 
mitteo  of  citizens  and  hanged. 

I  will  now  give  the  proceedings  of  a  popular  tribti 
iial  which  for  coolness  and  precision  of  judgment  can 
but  recommend  itself  to  all  lovers  of  justice.     Its 
occurrence  was  during  the  latter  part  of  April  1870. 
Even  at  this  comparatively  late  day  the  people  of 


THE  CASE  OF  LENHART. 


707 


Montana  seemed  to  regard  this  method  of  administer- 
ing justice  as  the  natural  and  proper  way,  being  more 
sure,  speedy,  and  economical  than  courts  of  law,  and 
in  the  main  dealing  more  even-handed  justice.  The 
place  was  Helena,  never  without  a  thoroughly  organ- 
ized and  eflScient  committee  of  vigilance,  and  which 
by  this  time  had  had  much  exp<  rience. 

George  Lenhart,  an  old  man,  useful,  respectable, 
and  kind-hearted,  was  found  l)y  two  travellers  near 
Helena,  on  the  morning  of  the  28th  of  April,  lying 
insensible  in  the  road,  covered  with  blood.  The  sheriff 
was  notified,  and  medical  aid  provided,  though  slight 
hopes  were  entertained  of  his  recovery.  Regaining 
consciousness,  the  old  man  stated  that  as  he  was  riding 
homeward  the  night  previous  he  was  overtaken  by 
two  horsemen,  one  of  whom  shot  him  in  the  thigh  with 
a  pistol,  and  when  he  had  fallen  from  his  horso  beat 
him  on  the  liead  to  insensibility.  Then  when  they 
thought  him  dead  the  two  men  rifled  his  pockets  of 
two  hundred  and  twenty -five  dollars;  and  thoru  he  had 
lain  all  night.  Then  he  described  the  appearance  of 
the  men  and  the  horses  they  rode.  Soon  it  was  ascer- 
tained at  the  livery-stable  that  two  men  had  engaged 
horses  shortly  before  the  attack,  which  they  had 
mounted  and  ridden  in  that  direction.  After  duo 
search  two  persons  corresponding  to  the  description 
given  by  Lenhart  and  by  the  stable-keeper  were  ar- 
I'ested  and  lodged  in  jail.  Their  names  were  Joseph 
Wilson  and  A.  L.  Conipton.  The  men  and  the  horses 
were  then  taken  to  the  house  where  Lenhart  now  lav. 
One  of  the  men  and  one  of  the  horses  he  recognized; 
the  others  he  could  not  positively  identify. 

On  the  evening  of  the  29th  the  citizens  held  a 
meeting  to  talk  the  matter  over.  There  was  little 
doubt  by  this  time  as  to  the  guilt  of  the  prisoners.  A 
good  man  long  and  favorably  known  among  them 
had  been  villainously  assaulted.  The  law  was  tedious, 
expensive,  and  uncertain.  Lenhart  might  recover, 
and  court  proceedings  thereby  become  obtuse.    Three 


708 


POPULAR  TKIBUXALS  01'  MONTANA. 


thousand  or  four  thousand  dollars  could  easily  bo 
.spent  in  the  trial  of  these  nien.  If  cleared,  any  one  of 
them  might  be  their  next  victim;  if  found  guilty,  and 
Lenhart  should  recover,  tliere  was  little  probability 
they  would  be  condcnmed  to  death,  in  which  event 
three  or  four  thousand  dollars  more  might  be  sj)ent 
feeding,  clothing,  lodging,  and  watching  them  during 
confinement.  The  men  were  not  worth  it.  They 
were  not  citizens  of  that  place  accused  of  crime,  but 
they  were  birds  of  prey,  vultures,  flying  hither  and 
thither,  circling  round  and  round,  hungrily  watching 
an  opportunity  to  dart  upon  the  defenceless.  That 
they  were  robbers  and  murderers  was  certain,  or  at 
all  events  could  easily  be  made  certain.  It  was  of  no 
consequence  at  all  to  minds  tempered  like  theirs 
whether  Lenhart  lived  or  died;  these  men  were  mur- 
derers, and  very  brutal  ones,  whether  he  recovered  or 
not.  It  was  well  enough  for  the  law  with  its  moun- 
tains of  precedents,  its  j)rofounder  insight  into  this 
and  that,  to  distinouish  between  killimTf  a  man  very 
dea<l  or  (jnly  Icilling  liim  a  little,  if  it  wished.  Foi- 
them,  law  and  learning  to  the  contrar}^  notwith- 
standing', it  was  enough  to  know  that  a  citizen  had 
been  shot,  beaten  senseless,  and  robbed;  to  know 
that  the  persons  doing  it  wei-e  worthy  of  death,  were 
not  worthy  of  long  and  expensive  talk  about  it.  Thus 
argued  the  meeting.  And  the  more  these  coarse  prac- 
tical brains  revolved  tlu^  matter,  the  more  sure  ol" 
right  their  owners  were. 

They  would  sleep  on  it.  The  meeting  adjourned 
to  ten  o'cloc'k  next  day.  An  hour  before  the  time  a 
thousand  men  had  gathered  at  the  court-house,  whicli 
was  the  place  appointed.  The  assembly  was  called  to 
order  and  Harvey  English  appointed  to  preside.  ]\fr 
English  stated  the  purpose  of  the  meeting  in  a  some- 
what lengthy  speech,  as  every  man  knew  what  he 
was  there  for.  He  rehearsed  the  circumstances  of 
the  old  man's  treatment,  and  stated  that  the  perpe- 
trators cf  the  deed,  if  found,  should    be   punished. 


WiLSOX  ANT)  COMPTON. 


700 


Suspicion  pointed  at  that  moment  to  two  men  lying 
in  the  jail,  and  in  order  to  avoid  the  law's  delay  and 
uncertainty,  he  proposed  that  the  citizens  should  re- 
lieve the  law  which  they  had  made,  and  the  office  is 
of  the  law  whom  they  had  appointed,  from  the  burden 
and  responsibility  of  trying  these  men,  and  that  they 
should  be  brought  before  a  bar  of  the  whole  pe()[)ie, 
that  they  should  be  impartially  tried,  and  if  found 
guilty,  executed. 

Thereupon  the  speaker  took  his  seat,  which  con- 
sisted of  a  cliaii'  on  the  landing  of  the  court-house 
steps.  There  was  not  the  slightest  excitement  visible 
anywhere;  all  was  as  quiet  and  orderly  as  at  a  eamp- 
nieotinjj.  A  well  known  nu'rehant  of  the  town  liftin*!' 
liis  liat  tlien  moved  that  a  committee  or  jury  of  twenty 
citizens  be  ap})ointe(l  to  obtain  evidence,  to  listen  to 
accusation  and  defence,  and  declare  to  tlii'  asseml)le(l 
people  tlie  guilt  or  innocence  of  the  i)ersons  diarged 
with  the  crime.  The  motion  [)assed;  the  committee 
were  clioseii,  and  retiriniif  to  a  room  be<>an  at  once  their 
task.  They  appointed  a  marshal,  .]ose})h  Woolman. 
and  a  police  force  to  wait  upon  instructions.  Two 
witnesses,  J.  Lowry  and  W.  U.  Morris,  who  accom- 
panied the  prisoners  to  the  place  where  lay  Lenhart 
for  lecognition,  were  examined;  then  the  stable-man, 
and  after  him  many  others. 

Up  to  this  time  the  two  men  Wilson  and  Compton 
lay  in  jail  unmolested.  Now  the  committee  having 
need  of  them  ordered  their  officers  to  produce  them 
one  at  a  time.  The  marshal  detailed  a  jntssc  of  men, 
and  waiting  upon  tlu'  sher-ilf  made  known  to  him  the 
M'ill  of  the  conmiittee.  The  sh(jritf  refused  obedience. 
Meanwhile  Wilson  sent  word  to  the  committee,  say- 
insj  that  if  they  d(\sire(l  it  ho  would  make  a  statement 
and  throw  himself  on  their  mercy.  The  marshal  in- 
creased his  j^osse  and  demanded  from  the  sheriff  the 
prisoners.  Again  he  was  ri'fuse<l;  whereupon  the 
sheriff  and  his  deputies  were  seized  and  search  ma<le 
for  the  keys.     They  wc^re  not  on  tlie  jierson  of  any, 


'J 
f. 


:l 


no 


POPULAR  TRIBUNALS  OF  MONTANA. 


but  were  soon  found  in  the  jailer's  room.  The  officers 
of  the  law  were  then  locked  up  in  a  room  by  them- 
selves, and  a  guard  placed  over  them.  The  prison 
door  was  opened,  a  double  line  of  citizens  formed  from 
the  jail  door  to  the  committee  room,  and  Wilson  was 
brought  forth.  He  expressed  his  readiness  to  make  a 
full  confession;  but  as  he  stated  he  should  implicate 
others,  the  committee  ordered  all  spectators  from  tho 
room.  Wilson  then  told  everything,  entering  into 
particulars  of  that  and  other  crimes  not  necessary 
liere  to  repeat.  Next  Compton  was  brought  before 
the  committee;  and  in  short  the  guilt  of  the  two  men 
was  clearly  proved.  The}'  confessed  to  everything, 
disclosed  the  stolen  money,  and  ref(uested  a  priest. 
There  was  no  need  of  further  deliberation ;  the  com- 
mittee presented  themselves  before  the  assembly,  and 
one  of  their  number,  Mr  Lawrence,  read  the  following 
verdict:  "The  committee  to  whom  was  referred  the 
charge  against  Wilson  and  Compton  report  that  they 
find,  from  the  evidence  and  the  confessions  of  tlie 
parties,  that  on  the  night  of  the  27tli  of  April  1870, 
in  the  county  of  Lewis  and  Clarke,  A.  L.  Compton 
and  Joseph  Wilson  shot,  with  intent  to  kill,  Geoigi; 
Lenhart,  and  then  and  there  robbed  him  of  one  hun- 
dred and  ninety-three  dollars  in  currency  and  about 
two  ounces  in  gold-dust." 

At  this  juncture  the  district  judge  appeared  before 
the  assembly  and  requested  to  be  heard.  Permission 
being  granted,  he  entered  a  strong  protest  against 
popular  interference  with  the  civil  authorities.  In 
this  instance  particularly,  he  said,  these  unlawful  pro- 
ceedings on  the  part  of  the  people  were  uncalled  for 
and  inexcusable.  There  might  be  conditions  under 
which  popular  administration  of  justice  would  seem 
warrantable,  but  such  conditions  did  not  here  exist. 
They  had  courts  well  ai)pointed  and  competent;  their 
prison  was  secure.  Such  conduct  was  a  reflection  not 
only  on  the  integrity  of  their  officers,  but  on  their 
wilHngness  to  al)ide  lawful  government.     Tlie  judge 


SOLEMN  EXECUTION. 


711 


was  listened  to  patiently  and  respectfully.  He  was  a 
good  man  enough,  but  they  had  heard  similar  argu- 
ments fifty  times  before.  Promises  were  fair;  per- 
formance slack.  There  was  something  radically  wTong 
in  the  system  that  failed  so  signally  to  punish  crime, 
and  to  protect  life  and  property.  Statutes,  consti- 
tutions, and  courts  were  doubtless  all  very  well,  but 
they  could  not  sit  calmly  under  the  shadow  of  such 
paraphernalia  and  see  good  men  shot  down  and  robbed 
upon  the  highway  day  after  day  and  year  after  year-. 
All  they  proposed  to  do  was  the  law's  duty.  Experi- 
ence had  taught  them  if  they  wanted  a  thing  done,  to 
do  it  themselves;  if  not,  trust  it  to  the  law. 

Finally  the  vote  was  put  by  the  chairman:  "Wliat 
shall  be  done  with  the  prisoners?"  "Hang  them  I" 
was  the  response.  Again  and  more  caroiully  the 
question  was  put:  "Is  it  your  decree  that  the  |)i'is- 
oners,  Joseph  Wilson  and  A.  L.  Compton,  shall  be 
taken  to  Pine  Tree,  in  Dry  Gulch,  and  there  hanged 
by  the  neck  until  they  are  dead?"  "It  is;  that's 
the  verdict  I"  came  from  almost  every  person  there 
present. 

It  was  now  half  past  two.  A  motion  |trovaileil 
that  the  prisoners  be  given  until  four  o'clock  to  pre- 
pare for  death,  at  which  hour  their  execution  should 
take  place.  Throughout  the  entire  proceedings  there 
was  manifest  the  utmost  decorum,  and  e\  eu  st>lemnity, 
among  the  crowd,  which  had  now  swelled  to  three 
thousand  souls.  At  no  time  during  the  day  was  theic 
any  loud  talking,  boisterous  demonstration,  or  bra- 
vado; even  tlie  coercion  of  the  sheriff' and  liis  ileputies 
was  unattended  by  violence.  Their  duty  coinpeMed 
them  to  I'esist,  yet  tliey  knew  resistance  t<t  lie  useless. 

At  the  liour  appointed  tlie  famous  gulch  [)resented 
the  appearance  of  a  vast  amphitheatre.  The  sides  and 
hills  adjacent  were  dense  with  people  on  foot,  on  horse- 
back, and  in  carriages.  The  town  was  deserted.  At 
half-past  four  the  two  men  were  taken  from  the  room 
in  which  they  had  been  boniined  and  placed  in  a  wagon. 


n   i  I 


'  it 


I  'I 


POPULAR  TRIBUNALS  OF  MONTANA. 


Father  Iinmode  sat  beside  Compton,  and  the  Reveroiul 
S.  G.  Lathrop  accompanied  Wilson.  The  doomed  wore 
calm,  and  apparently  intent  on  gaining  if  possible  the 
future  salvation  promised.  There  was  that  about 
the  whole  proceeding  impressive,  awe-inspiring.  A 
stranger  fresh  from  the  fossilized  formalities  of  staidei- 
parts  could  scared}'  believe  this  to  be  what  was  so 
hooted  as  mobocracy,  lynch  law,  the  work  of  the  in- 
furiate rabble.  Nor  was  it.  It  was  the  deliberate  ex- 
pression of  sober  popular  will,  as  deliberate  and  sober 
as  ever  citizens  displayed  in  the  performance  of  tlioir 
duty.  Under  the  shadow  of  the  flital  tree  the  wagon 
halted.  The  noose  was  adjusted;  the  ropes  swung; 
prayer  was  sai<l ;  the  horses  started,  and  all  was  {jui(^kly 
over. 


II 

rl 

II 

in 

t(| 
l'[ 

ell 

1)1 

tn 
hi 


Two  hundred  of  the  men  of  Bozeman,  jSIontana, 
about  ei<i:ht  o'clock  on  the  ovcnin<jf  of  the  1st  of  Fel)- 
ruary  1873  pi-occn  dcd  in  a  body  to  tlic  county  jail 
and  demandt'd  IVoni  the  sh(>rifl*  two  prisoners  called 
Steamboat  Bill,  tliat  is  to  say  John  W.  St  Clair,  and 
Triplctt,  the  former  liaving  wantonly  shot  to  deatli  a 
Chinawoman,  and  the  latter  liaving  stablx'd  to  death 
a  saloon-keeper.  The  sheriff  refused.  Tlie  peo[)le 
proceeded  to  break  open  the  jail  door,  and  the 
sheriff  liurried  off  to  Fort  Ellis  foi-  troops  to  slaiighti'r 
the  citizens  slaughtering  the  impi'isoned  slaugliterers. 
Killinuf  was  kino-  at  Hozeinan.  The  commandant 
gave  th(^  slierilf  a  S(juad  of  soldiers,  but  luckily  for 
the  soldiers  1  hey  did  not  ari'iv(>  in  time  to  be  killed 
by  the  [)eople,  as  tlie  hanging  was  all  over  before 
tliev  <'ame  ui").  Th(^  swimming  carcasses  of  his  whilom 
(companions  were  ])ointe(!  to  one  Scotty,  and  he  was 
told  to  leaM'.  He  left.  Triplctt  was  an  old  fisher- 
man wlio  brought  trout  from  the  Yellowstone.  En- 
tering a  saloon  one  day  and  taking  a  drink  he  walked 
off  without  paying  for  it;  the  keeper  followed  him, 
whereupon  the  ancient  fisherman  turned  and  stabbed 
iiim. 


A  niSMAL  FARCE. 


•13 


The  Montana  Mountain  of  the  I7th  of  June  1875 
is  responsible  for  tlie  following: 

"  Tlio  spirit  of  the  early  days  has  not  yi't  died  out  in  Mi)ntaii,i,  hut  once 
in  a  while  mauifcsts  its  liveliness  even  in  these  slow-going  times.  The  other 
day  in  the  lively  little  niining-e.imp  yclept  Trapjicr  City  the  report  f)f  .«tevoral 
pistol-shots  fired  in  rapid  succession  spread  consteraation  amon;j  tiie  jieaceful 
inhabitants  of  that  (juiet  burg ;  and  the  rumor  that  the  village  iiad  attained 
to  the  dignity  and  honor  of  a  'man  for  breakfast'  soon  attracted  tiie  nuijor 
l)ortion  of  its  deni/ens  to  the  place  whence  the  sounds  piin •ceded.  Tiio 
excitement  was  raised  to  fever-heat  when  on  entering  the  house  a  man  was 
discovered  lying  on  the  floor  weltering  in  a  pool  of  blood  whicii  hnd  trickled 
from  his  right  ear,  and  breathing  heavily,  as  tliough  in  mortal  agony;  .and  in 
one  corner  of  the  i-oum  stood  a  man  with  a  brace  of  navy  six-shooters  in  his 
hands,  and  glaring  upon  the  crowd  like  a  hound  at  bay.  Of  eour.se  the  situa- 
tion was  comprehended  in  a  moment ;  a  horrible  nnirder  had  been  ci)mniilte<l ; 
the  bleeding  victim  lay  in  the  throes  of  death  upon  the  cabin  floor,  and  ids 
nuirdercr  stood  in  the  corner  prcpari'd  to  deal  death  and  destruction  upon 
tiie  assembled  crowd.  A  cry  for  vengeance  arose  from  a  score  of  tliroats,  and 
some  essayed  a  movement  njMjn  the  man  in  the  corner,  wlien  the  'navies," 
lirought  to  a  horizontal  positi(Ui  u[)on  a  level  with  fiieir  eyes,  warned  th(Un 
tiint  such  a  proceeding  would  be  attended  with  soini-  dangei',  and  they  pru- 
dently retired.  After  a  little,  one  of  the  crowd  wa-s  induced  fo  see  if  anytiiing 
could  lie  done  for  the  living  man,  and  approached  him  foi'  that  pur])iisc,  when 
th(^  man  in  the  corner  yelleil  out,  'Get  out  of  that,  or  I'll  Mow  the  top  of 
youi-  damned  head  ofl'I  That's  my  meat!'  and  as  he  spoke  he  enipluusized  his 
remark  with  a  shot  from  the  six-shooters.  The  huiuanitarian  stood  not  M]>on 
the  order  of  his  going  liut  lit  out  with  remarkable  celerity,  .-ind  as  he  made 
rapid  kransit  through  the  street  he  was  Haluted  l^y  the  confederates  of  the 
nuirderer  with  a  volley  of  ])istol-shots  which  made  hint  think  a  battle  of 
artillery  had  been  turned  hH)se  upon  him,  and  lent  wings  to  his  llyiiii.'  feet  as 
he  departed  from  Hueh  uncongenial  scenes.  JJy  this  time  a  battery  of  [tistols 
was  uniiiaskeil  in  the  vicinity  of  the  nuirder,  and  he  .saw  unl'  ss  he  got  out  of 
that  he  would  l)e  a  riddled  member  of  tin-  eonnnunity,  anil,  with  levelled 
pistols,  made  a  dash  for  life  and  liberty.  The  crowd  gave  way  before  the 
deadly-looking  wea|ions,  l)ut  a  dozen  pistols  were  disi'harged  at  him  as  hu 
rushed  out  of  the  house  and  .succeedid  in  gaining  the  cover  of  a  fiirmlly 
stump,  where  he  tMnieil  and  disehargi  .  his  weapons  with  such  rai)idit.\  that 
the  crowd  scattered  with  an  al;icrit,y  that  denoted  a  positive  ilislike  to  a  salu- 
tation of  that  character. 

"During  the  excitenK'ntcon«e(|uent  upon  these  proceedings  the  fact  that  a 
man  was  wounded,  jind  jierhaps  dying,  had  been  entirely  lorgotteu,  but  now 
8ome  of  the  terrilied  cili.'.eiis  turned  their  attention  to  his  necessities.  Mes 
sengers  were  despatched  foi'  surgical  assistance,  and  some  went  into  the  house 
to  render  aid  to  the  bleeding  victim  of  ruthless  murder,  lie  was  still  insen- 
sible, but  yet  breathing,  and  the  bohlest  of  the  men  turned  to  look  for  the 
wHUind.  It  eouhl  not  be  found  I  The  bullet  nnist  have  entered  the  drum  of 
the  car  and  loilged  in  tlie  head,  and  nothing  could  be  done  irntil  tin-  arrival 


,1 


714 


POPULAR  TRIBUNALS  OF  MONTANA. 


of  a  surgeon.  A  committee  were  detailed  to  capture  tlic  murderer,  and  wcri^ 
about  to  start  on  their  mission  when  a  shout  of  horse -laughter  from  the  crowd 
at  the  door  apprised  the  excited  citizens  that  there  was  something  wrong.  And 
there  was.  A  closer  examination  disclosed  the  fact  that  a  liuge  '  sell '  hod  been 
perpetrated ;  that  the  wounded  man  was  deud-druuk ;  that  the  artillery  ha<l 
all  been  loaded  with  blank  cartridges,  and  that  somebmly  was  minus  a  bottle 
of  brilliant  carmine  writing  fluid,  whicli  ha<l  lieen  adroitly  used  in  represen- 
tation of  the  clotted  gore.  The  humanitarian  referred  to  returned  to  town 
next  day,  somewhat  the  worse  for  wear  and  just  a  little  hot  over  the  situa- 
tion ;  but  he  can  liud  2>leuty  of  men  who  Will  wagur  u  silver  mine  that  hu  con 
iTin  ten  miles  an  hour  for  ten  consecutive  hours  under  Hiinilar  circumstances. 
And  now,  if  you  want  to  see  a  genuine  expression  of  intense  disgust,  ask  a 
Trapper  City  man  if  the  Vigilance  Committee  have  caught  that  murderer." 

Of  the  Cheyenne  Vigilance  Committee  one  hun- 
dred went  to  Dale  City  in  January  1868  and  captured 
and  hanged  three  men,  Keith,  Shorty,  and  Jack 
Hayes.  On  the  night  of  the  20th  of  March  the 
Cheyenne  Committee  did  some  hanging  at  home;  they 
executed  Charles  Martin  and  John  Morgan.  The 
former  was  one  of  a  band  of  horse-thieves  of  which 
McLaughlin  was  captain. 

The  Cheyenne  press  approves  of  a  new  form  of 
notification  to  leave  introduced  into  the  practice  of 
vigilance  by  the  Committee  of  that  place.  Says  the 
Star  of  the  22d  of  January  1868: 

"  We  think  this  public  notir.cation  tho  best  method:  No  person  will  )«; 
notified  to  leave  this  territory  except  thrr.igh  a  public  newspaper  of  this  jilacc, 
and  if  said  notified  parties  will  not  leave  within  twenty-four  hours,  the  Com- 
mittee will  no  longer  bo  responsible  for  their  safety,  (ieorge  IJrowii,  Neil 
Murphy,  Cocke,  at  New  Ideas,  Jack  Bristol,  Thonids  Ciinipheli,  l^iiyene  Debnn- 
ville,  Frank  St  Clair,  Al  Cunningham,  Slippery  Bill,  and  Diivf  Mullins:  The 
above  parties  will  leave  this  territory  in  twenty-four  hours. 

"By  order  of  the  Vioilance  Committee." 

Often  the  danger  attending  border  life  is  made  the 
plaything  of  ruffians,  who  for  the  pleasure  of  stealing 
a  horse  or  indulging  in  a  drunken  frolic  will  risk  cap- 
ture and  death  where  the  chances  of  escape  are  almost 
closed  against  them. 

I  have  here  one  incident  of  this  chai-acter,  which 
happened  in  October  1877  in  Wyoming,  and  another 
about  the  same  time  in  Arizona:  William  Rowe  and 


FATAL  FROLICS. 


716 


a  comrade  named  Jones,  known  in  Wyoming  for  sev- 
eral years  as  desperate  characters,  stole  some  animals 
from  B.  F.  Hatch,  a  freighter,  and  escaped  with  thorn. 
The  thieves,  though  shrewd,  were  easily  followed, 
and  in  recovery  of  the  animals  Jones  was  shot  dead 
and  Rowc  captured.  The  Arizona  tragedy  was  simply 
the  result  of  a  reckless  froUc.  Two  noted  despera- 
does, Tullos  and  Vaughn,  entered  Prescott  and  began 
amusing  themselves  by  shooting  dogs  and  presenting 
their  loaded  revolvers  at  the  breasts  of  people,  threat- 
ening to  let  daylight  through  them  if  they  opened 
their  mouths.  Then  mounting  liorses  they  rode  down 
through  Montezuma  street  at  full  gallop,  yelling  and 
shooting  like  demons.  As  a  matter  of  course,  tlie 
officers  and  citizens  were  obliged  to  put  an  end  to  such 
proceedings,  and  in  doing  so  one  of  the  ruffians  was 
shot  to  death  and  the  other  nearly  killed. 

A  young  fellow  named  Ryan,  living  from  boyhood 
in  Cheyenne,  and  one  Babeock  were  brought  into 
town  the  8th  of  November  1877  for  robbing  the  south- 
bound Black  Hills  coacli  almost  under  th(^  very  walls 
of  Fort  Laramie.  Ryan  had  been  twice  in  the  [>eni- 
tentiary  before,  but  this  time  he  was  placed  thei-e  for 
seventeen  years  and  Babeock  for  fifteen.  Two  D'wk 
Turpins,  Blackl)urn  and  Wall,  were  brought  in  from 
numerous  alleged  stage  robberies  about  this  time,  in- 
cludinij  one  where  the  sum  of  fifteen  thousand  dollars 
was  secured  from  the  treasure-box.  One  of  them  was 
badly  wounded  in  his  eai)ture. 

At  (central  City,  two  and  a  half  miles  from  Dead- 
wood,  in  the  Black  Hills,  was  located  the  Hidden 
Treasure  mine.  During  the  sunmier  of  1877  theri; 
was  trouble  as  to  the  ownership  of  the  mine,  which 
resulted  in  homicide  and  litigation.  In  November 
forty  men  were  at  work  on  one  of  the  shafts,  and  fail- 
ing to  receive  their  pay  they  took  possession  of  the 
mine.  Arming  themselves  with  Sharp  rifles  and  re- 
volvers, and  laying  in  a  plentiful  supply  of  amumnition 
and  provisions,  they  were  prepared  for  a  siege.     The 


1  F     ■ 


716 


POPUI.AR  TRIBUNALS  OF  MONTANA. 


sheriff  with  his  pofine  on  their  airival  found  the  en- 
trance to  the  tunnels  and  shafts  liarricaded,  with  rifle- 
harrels  gleaming  through  the  apertures.  The  mine  was 
worked  at  the  time  by  a  contractor,  and  although  tho 
yield  was  good,  he  neglected  to  pay  the  men,  who,  as 
they  claimed,  took  "peaceable  possession  of  said  Keats' 
mine  in  order  to  get  our  pay,  which  has  so  long  been 
due,  and  of  which  we  and  our  families  arc  sadlv  in 
want." 

As  Sanford  S.  C.  Dugan,  a  native  of  Pennsylvania, 
twenty-three  years  of  age,  M'as  being  (conveyed  from 
the  Larimer- street  prison  in  Denver,  about  the  1st 
of  December  18G8,  to  the  city  jail  for  greater  safety, 
the  wagon  was  intercepted  by  one  hundreil  citizens 
and  driven  to  a  cotton-wood  tree  on  Cherry  stieet, 
where  a  rope  was  arranged  round  his  neck  and  ovei' 
a  limb.  The  poor  wretch  begged  piteously  for  his  life, 
saying  he  had  never  robbed,  and  had  killed  but  one 
man,  and  that  in  self  defence:  but  the  proofs  of  guilt 
were  so  satisfying  to  his  judges  that  the  fatal  ordci- 
was  given  to  drive  on  whereat  wagon  and  soul  each 
wended  its  way,  leaving  the  body  dangling.  Fifty  of 
the  most  quiet  and  respectable  citizens  of  Denver  but 
a  few  day  before  this,  namely  on  the  23d  of  Nt)vem- 
ber,  took  L.  H.  Musgrove  from  the  jail  and  hanged 
him.  The  man  had  been  in  the  habit  of  disguising 
himself  as  an  Indian  and  committing  depredations 
in  various  parts.  As  he  was  brought  from  prison 
a  crowd  gathered,  to  whom  the  v^ote  was  put  if  he 
should  be  hanged,  and  a  unanimous  'ay'  followed.  He 
was  placed  in  a  wagon  and  driven  under  Cherry  Creek 
bridge,  where  he  was  allowed  time  to  write  some 
letters,  which  he  did,  smoking  a  cigarette  in  the  most 
nonchalafit  manner.  When  the  wagon  started  he 
crouched  low  and  made  a  spring  in  order  to  secure  a 
better  fall. 

Two  thousand  citizens  on  one  occasion,  the  12th  of 
June  1880,  appeared  upon  the  streets  of  Leadville  to 
quell  a  miners  mob;  and  they  quelled  it. 


DOINGS  ABOUT  L.\IIAMIE. 


7n 


Kid,  a  nice  young  man  without,  but  ragged  in- 
wardly, having  a  fancy  for  drugging  his  Aictinis  bi - 
fore  robbing  them,  witli  a  hempen  cravat  adorning 
his  neck  and  gentle  zephyrs  playing  fantastically  witli 
his  raven  locks,  as  the  Cheyenne  Leader  expresses  it, 
graced  a  telegraj)h  pole  of  Ejai-aniie  in  August  18()8. 
This  warning  sutHced  for  three  months  only.  In  No- 
vember H.  C.  Thomas  drugged  a  man  at  Br3'an  and 
robbed  him  of  two  hundred  and  seventy  dollars.  At 
Laramie  he  shortly  after  attempted  the  same  exploit, 
when  he  was  ai-rested  and  committed  to  the  calaboose. 
Five  cocked  pistols  pointed  at  the  keeper's  head  b}- 
five  masked  men  a  night  or  t\v()  alter  produced  the 
key,  which,  after  taking  Thomas  away  and  hanging 
liim,  they  were  careful  to  return  to  the  jailer. 

Three  hundred  men  or  thereabout  comprised  the 
vigilance  organization  of  Laramie  in  the  winter  of 
18G8-9.  It  was  no  sinecure,  membersliip  of  this  corps. 
In  their  encounters  with  the  desperadoes  of  the  moun- 
tains bullets  often  (lew  freely,  and  death  was  the  reward 
of  bravery.  Three  men  were  hange<l  by  them  one  day 
in  October  18G8,  and  before  the  bodies  were  removed 
a  fourth  was  added  to  the  ghastly  row.  Asa  Moore, 
Con  Wcigcr,  and  Edward  Barnard  were  the  names  of 
the  three  disgraces  which  were  raised  into  immortality 
by  reason  of  their  sins.  Among  others  granted  per- 
mission to  leave  that  place  with  their  feet  still  touch- 
ing earth  was  Steve  Young,  Long  Steve  he  was  called 
for  short;  but  disregarding  the  kindly  warning  he 
attended  the  elevation  of  the  innnortals  blusteriniilv. 
"No  danmed  strani^lers  shall  drive  me  from  town!" 
he  said.  Again  he  was  aifectionately  warned  to  be 
quiet,  and  to  depart  in  peace,  if  he  didn't  want  the  top 
of  his  head  blown  oft*.  Stephen  defied  the  vigilants 
the  second  time,  and  even  the  third;  whereupon  ho 
was  elevated  thence  by  the  stranglers  whom  he  had 
so  delighted  to  dishonor. 

The  Laramie  organization  in  its  opei'ations  extended 
as  far  as  the  western  end  of  the  Union  Pacific  Railroad. 


i; 


I 


II 


I  ;.■  s 


718 


POPULAR  TRIBUNALS  OF  MONTANA. 


In  October  1868  they  hanged  five  men  at  Gilmer, 
then  a  recent  railroad  town,  among  whom  were  David 
Mullen  and  a  notorious  villain  named  Morris.  At  Bear 
River  a  riot  occurred  among  the  graders  the  20th 
of  November  18C8,  growing  out  of  the  hanging  of 
three  men  nine  days  previous.  It  was  a  war  between 
crime,  its  supporters,  and  honesty-loving  citizens.  The 
latter  armed,  and  the  mob  after  burning  the  jail  came 
upon  them,  when  they  fired,  killing  six  and  wounding 
twenty.  Powers,  O'Neil,  and  Reed  were  the  throe 
men  hanged,  and  their  crime  was  garroting  and  mid- 
night robbery.  O'Neil's  brother  was  working  on  the 
grade,  and  he  succeeded  in  rousing  the  rough  element 
to  retaliation.  Patsey  Marley  was  the  leader  of  the 
rioters,  and  besides  burning  the  jail  they  demolished 
the  Index  office.  The  fight  continued  until  fourteen  of 
the  rioters  were  killed  and  thirty-five  wounded.  Only 
one  citizen,  Mr  Armstrong,  was  killed.  Mr  Freuuian, 
editor  of  the  Index,  against  whom  the  rioters  were  in- 
censed on  account  of  the  support  given  l>y  him  to  tliu 
Vigilance  Committee,  was  seized  by  the  rioters,  who  de- 
manded the  names  of  those  who  hanged  their  friends. 
"Hang  him!"  "Shoot  him  I"  they  cried.  "Death  to 
the  chief  of  the  vigs  I"  But  escaping  through  a  saloon, 
Freeman  made  his  way  to  Fort  Bridger,  whence  troops 
were  despatched  and  the  riot  quelled. 

A  pedler  was  robbed  of  some  jewelry,  and  another 
jierson  of  a  trunk.  Suspicion  fell  on  three  ill-looking 
loafers,  whom  a  coiii{)any  of  citizens  tracked  to  their 
rendezvous,  where  part  of  the  plunder  was  found  and 
identified.  One  of  the  trio  escaped;  the  other  two 
after  trial  were  hanged  at  North  Platte,  March  1870 
being  about  the  date  of  their  exit. 

Three  horse- thieves,  Lewis  Curry,  James  Hall,  and 
A.  J.  Allen,  were  caught  near  Deadwood,  Dakota,  in 
June  1877  with  two  horses,  stolen  from  the  stage  com- 
pany, in  their  possession.  The  men  were  incarcerated 
at  Rapid  City,  but  at  night  the  jail  was  broken  open 
and  the  three  thieves  hanged   by  the  people.     At 


A  LARGE  ORGANIZATION. 


710 


Leavenworth,  Kansas,  in  August  of  this  same  year 
Robert  Scruggs  was  executed  by  the  people  for  killing 
Jasper  Oliphant  and  Mr  Graff  under  very  aggravating 
circumstances. 

From  the  mountains  and  valleys  to  Hudrfano, 
Colorado,  in  July  1877  came  seventy-five  men,  who 
seized  Marcos  (jronzalez  while  on  trial  for  the  murder 
of  the  Browns,  husband  and  wife,  at  a  rancho  near  La 
Veta,  and  hanged  him  to  a  telegraph  pole.  During 
the  progress  of  the  trial  the  guilt  of  the  prisoner  had 
been  established  beyond  a  doubt,  and  the  patience  of 
the  people  being  overcome  by  their  wratli,  they  rose 
up  and  terminated  proceedings  arbitrarily. 

For  fifteen  years  prior  to  1877  there  had  existed 
in  north-western  Illinois,  south-western  Iowa,  and 
north-eastern  Missouri  a  secret  order,  with  numerous 
branches,  known  as  the  Anti-Horse-thief  Association. 
It  was  no  part  of  its  purpose,  except  in  cases  of  ap- 
parent necessity,  to  quarrel  with  the  law ;  at  the  same 
time  it  did  not  profess  very  great  respect  for  an  insti- 
tution which  failed  to  accomplish  the  purposes  for 
which  it  was  created.  Spreading  into  Kansas  and 
Nebraska,  the  organization  became  a  gre.  t  power, 
with  its  lodges  and  its  annual  meetings,  and  all  the 
paraphernalia  for  the  detection  and  extinguishing  of 
crime,  not  alone  such  as  its  name  indicated,  but  of  all 
kinds  of  robbery  and  murder.  '  It  was  composed  almost 
exclusively  of  respectable  farmers,  who  stood  ready,  to 
the  number  of  eight  thousand,  to  hunt  rascality  to  the 
death. 

Many  of  tlie  outrages  in  early  times  on  emigrant 
stashes  and  overland  trains  were  charged  to  the  Indians 
when  in  reality  they  wore  committed  by  bands  of  out- 
laws. 

Troops  stationed  at  the  respective  forts  throughout 
that  bleak  interior  were  by  no  means  fit  to  cope  with 
these  desperate  characters.  Like  too  many  of  our 
government  servants,  they  were  lazy,  careless,  indiffer- 
ent, and  stupid;  laborious  days  and  sleepless  nights 


720 


POPUL.VII  TRlBUxXALS  OF  MONTANA. 


wero  less  attractive!  than  comfortable  quarter.s  and 
regular  potations.  There  was  little  f^jlorj'  in  catching; 
besides,  the  soldiers  were  no  match  for  them,  either 
in  activity  or  intelligence.  If  sherifl's  cannot  catcii 
rogues,  assuredly  soldiers  cannot.  In  mechanical 
slaughterings  soldiers  do  very  well;  if  well  trained, 
they  have  not  intelli<jence  and  will  sufficient  to  flee 
danger  when  they  see  it.  This  is  all  as  it  should  bo 
for  ])osts,  to  shoot  and  be  shot  at;  but  as  detectives 
they  are  of  little  value. 

Emigrants  in  crossing  the  [)lains  were  accustomed 
to  travel  in  parties  of  greater  or  lesser  magnitude  for 
mutual  protection.  Stages  frequently  carried  a  guard 
of  soldiers,  who,  together  witli  the  armed  passengers, 
generally  succeeded  in  intimidating  attack.  Under 
such  circumstances  it  required  a  larger  force  than  was 
usually  found  in  one  conqiany  of  marauders  success- 
fully to  rob  a  stage;  nevertheless  hundreds  of  stages 
were  robbed  and  hundreds  of  emigrants  were  killed 
b}'  these  border  desperadoes  during  the  years  of  ox- 
team  and  stage  travel. 

With  railroads  came  more  refined  robberies.  There 
was  the  gentlemanly  pick-pocket  in  the  'sleeper'  and 
the  cut-purse  in  the  'sm<jker;'  three-card  monte  men 
entertained  the  passengers  and  added  v'ariety  to  the 
gambling  games  ordinarily  played.  The  large  freight 
traffic  led  to  a  new  system  of  pillage,  and  it  was  found 
necessary  for  servants  of  the  railroad  companies  and 
others  to  organize,  and  the  Rocky  Mountain  Detective 
Association  of  187G  was  the  result  of  this  necessity. 
In  January  1877  at  Kit  Carson  an  important  arrest 
was  made  and  a  gang  broken  up  which  for  the  past  year 
had  been  pillaging  the  trains  of  the  Kansas  Pacific 
Company.  Not  only  did  they  break  into  freight  trains, 
and  abstract  groceries  and  dry-goods,  but  they  also 
stole  from  the  cattle-cars  horses  and  mules.  A  large 
quantity  of  their  plunder  was  on  this  occasion  dis- 
covered, and  some  fourteen  persons  taken  intt)  custody. 

The  affair  of  the  brothers  James — Frank  and  Jesse — 


FRANK  AND  JESSE  JAMES.  721 

in  Missouri,  in  some  respects  exceeds  any  occurrence 
of  the  kind  on  the  Pacific  coast.  Beginning  their 
career  of  crime  at  the  ages  of  eighteen  and  sixteen 
respectively,  as  members  of  a  guerilla  band  during 
the  civil  war,  they  were  soon  at  the  head  of  a  gang 
waging  war  on  its  own  account.  After  keeping  tlif 
states  of  Missouri  and  Kentucky  in  a  state  uf  fear  fui- 
five  years,  they  escaped  the  several  parties  organize*  I 
for  their  capture,  and  came  to  California  and  spent 
six  months  at  the  rancho  of  a  relative  at  Paso  Roble.s, 
recovering  from  their  wounds.  Returning  to  Mis- 
souri, killmg  three  or  four  men  at  Battle  Mountain, 
Nevada,  on  their  way,  they  gathered  their  retainers 
and  spread  yet  greater  terror  on  every  side.  Every 
county  organized  a  party  for  the  capture,  and  large 
rewards  were  offered;  but  it  was  not  until  after  nego- 
tiations by  the  authorities  with  one  of  James'  band 
that  anything  was  effected.  In  his  own  house  at  Si 
Joseph,  Missouri,  in  April  1882  Jesse  James  was  shot 
to  death  by  Robert  Ford,  who  was  tried  for  the  mur- 
der, pleaded  guilty,  sentenced  to  be  hanged,  and  was 
thereupon  immediately  pardoned  by  the  governor  and 
given  a  reward  of  fifty  thousand  dollars. 


Pop.  TrxB..  Vol.  I.   46 


CHAPTER  XXXVI. 

THE  POPULAIl  TRIBUNALS  OF  ARIZONA,  NEW  MEXICO, 

AND  MEXICO. 


Der  blindc,  unbeholfcnc  KoIohb,  dcr  init  plumpeii  Knochen  onfonga 
Gopolter  macht,  Hohcs  und  Niedcres,  Nahcs  und  Femes  mit  gohnendem 
Rachen  zu  verachlingen  droht,  und  zuletzt — iiber  Zwimriiiden  stolpert? 

Schiller. 

Justice  along  the  boundary  line  between  Mexico 
and  the  United  States  was  q,  scarce  commodity  in 
early  times,  and  it  is  only  by  way  of  comparison  that 
the  mention  of  that  locality  has  any  value  in  this  con- 
nection. The  warlike  and  predatory  tribes  that  in- 
fc!stcd  those  parts  gave  the  thinly  scattered  settlers 
enough  to  do  to  keep  their  lives  and  property  fron» 
the  natives.  They  were  border  ruffians  and  white 
desperadoes  who  prej^^ed  alternately  upon  .savage  and 
civilized  as  best  suited  time  and  convenience;  but 
these  were  killed  by  their  enemies  as  one  kills  a  wild 
beast  when  attacked,  and  little  more  was  thought 
of  it. 

The  southern  overland  stage  and  emigrant  travel 
iirst  attracted  desperadoes  along  tht^  line.  Station 
keepers  were  killed  and  plundered,  and  liorses  stolen 
by  Mexicans  and  Apaches.  As  settlers  began  to 
occupy  attractive  spots  and  gather  round  them  a 
little  property,  vultures  white  and  dusky  disputed 
for  the  prey.  There  were  men  (inough  to  steal  the 
moment  there  waM  anything  to  be  stolen.  Besides  the 
migratory  border  ruffian,  there  were  organized  bands 
roaming  throughout  the  entire  region  of  Sonora. 
.southern  California,  and    such   parts  of  Arizona  as 


THE  GALLANT  OLANTAN. 


723 


offered  plunder.  One  of  these  pitched  camp  in  1851 
on  the  Colorado  where  now  is  Fort  Yuma.  There 
were  between  thirty  and  forty  in  this  gang,  and  as 
this  was  before  the  establishment  of  the  fort,  they  had 
things  all  their  own  way.  Woe  betide  the  luckless 
emigrant  who  fell  into  their  hands.  After  having 
travelled  a  thousand  weary  miles,  after  having  endured 
privations  and  sufferings  indescribable,  the  attacks  of 
savages,  the  buffetings  of  sand-laden  winds,  hunger, 
thirst,  and  sickness,  this  tinal  scourge  finished  many 
of  them. 

After  a  sojourn  here  of  se\t.',rJ  months  some  of 
the  band  began  to  tire  of  it.  Times  were  too  tame; 
the  country  was  too  poor  for  them.  The  road  was 
too  straight  to  perdition  to  encourage  increase  of 
travel.  Sometimes  there  would  not  pass  anything  fit 
to  rob  for  a  fortnight;  and  these  villains  actually 
began  to  be  ;ishanio(l  of  themselves,  tliirfcy  and  more 
of  them  sitting  there  and  doing  the  work  of  about 
three. 

Their  leader,  Glantan,  was  of  that  opinion;  at  all 
events  ho  wanted  the  others  to  go,  and  encouraf'ed 
thoni  in  the  thought.  He  had  a  Tittle  scheme  of  his 
own  which  he  proposed  to  work  out,  provided  lie  did 
not  have  to  share  +he  profits  with  too  manj.  He  was 
a  first-class  buccaneer,  a  chef-cVceuvre  of  the  devil,  this 
Glantan.  His  plan  was  to  start  a  ferry  across  the 
Colorado  after  the  others  had  gone,  and  ho  did  it. 
Then  he  took  ioJi  of  whatever  came  tliat  way.  Charon 
was  a  sympathetic  saint  beside  him.  His  charge  for 
crossing  \ras  whatever  the  traveller  had  that  he 
wanted;  and  the  charge  was  the  same  whether  the 
traveller  crossed  or  not.  One  of  liis  rules  was  nevri- 
to  rob  a  man  luitil  after  he  had  crossed  and  had  [)ai(l 
the  ferriage,  otherwise  that  would  be  robbing  the 
ferry. 

Early  in  1852  an  opposition  ferry  was  started  below 
Glantan 's.  What  audacity  I  What  villainy!  True, 
the  competition  was  fair;  the  business  was  conducted 


724 


ARIZONA,  NEW  MEXICO,  AND  MEXICO. 


on  the  same  economical  principles,  chief  am/^ng  which 
was  never  to  kill  a  man  after  robbing  him  unless  the 
interests  of  the  business  seemed  to  demand  it,  the  idea 
being  that  if  all  the  men  were  killed  there  would  be 
none  left  to  rob.  The  new  proprietor  was  a  dis- 
<;harged  soldier  who  had  been  living  for  several  years 
with  the  Yumas.  Seeing  how  well  Glantan  was 
doing,  how  easily  he  amassed  property,  the  honest 
soldier  and  the  simple-minded  savages  could  not  resist 
the  temptation.  Together  they  built  the  fprry  and 
agreed  upon  the  toll;  the  Yumas  were  to  have  the 
patron's  clothes,  and  the  soldier  his  money.  The 
business  was  very  profitable,  but  it  interfered  with 
Glautau's  schemes,  and  he  determined  to  close  out  his 
neighbor's  business.  Accordingly,  with  his  usual  de- 
moniacal impudence,  he  went  to  his  rival's  house,  and 
after  a  few  friendly  words  deliberately  drew  his  re- 
volver and  shot  him  dead.  The  Yumas  retaliated  by 
going  to  Glantan's  encampment  and  killing  him  and 
all  his  band  save  two. 

An  agreement  having  been  made  between  the 
United  States  and  ]Mexico  for  the  establishment  of 
Fort  Yuma,  General  Heintzelman  arrived  shortly 
after  the  massacre  of  Glantan's  band  with  two  com- 
panies of  United  States  troops,  and  fulfilled  the  agree- 
ment. In  1853  one  Hartshorn  obtained  a  contract 
from  the  government  for  carrying  freight  to  the 
mouth  of  the  Colorado  River.  Captains  Wilcox  and 
Johnson  became  connected  with  him  in  the  business, 
the  result  being  the  opening  of  a  line  of  ocean  and 
river  steamers.  In  1854  a  store  was  opened  on  thr 
east  side  of  the  river  for  the  soldiers  at  Fort  Yuma. 
Gradually  small  adobe  houses  were  built  around  the 
store,  enclosed  by  the  rudest  of  brush  fences,  until 
the  place  assumed  sufficient  importance  to  be  digni- 
fied with  the  name  of  Arizona  City. 

In  January  1801  a  Texan  named  Mateo,  of  Spanish 
descent,  stopped  one  night  at  the  camp  of  two  wood- 
choppers,  on  the  Colorado  River,  where  he  asked  for 


CATTLE -STEALIXG. 


or 


food  and  to  be  accommodated  for  the  night :  a  request 
cheerfully  complied  with.  In  the  night  he  arose,  and 
taking  an  axe  killed  both  the  men.  Then  he  secureil 
the  effects  which  he  sought,  and  placed  them  in  a  skiff, 
with  the  clothes  which  he  had  stripped  from  the  men 
whom  he  had  murdered,  and  whose  bodies  he  threw 
into  the  water.  Jumping  into  the  skiff,  he  pushed 
down  the  river,  feeling  that  his  detection  was  a  most 
improbable  thing.  The  following  day  some  Indians 
visited  the  wood-choppers'  camp  and  at  once  .suspected 
foul  play.  Fort  Yuma  was  on  the  opposite  side  of  the 
river,  in  that  vicinity,  where  information  of  their  sus- 
picions was  at  once  brought  by  the  Indians.  Soldiers 
sent  in  quest  of  the  murderer  discovered  Mateo  and 
handed  him  over  to  the  citizens,  wlio  summarily  exe- 
cuted him.  Mateo  was  well  known  in  Los  Angeles, 
having  been  employed  as  a  teamster  between  that 
place  and  San  Pedro  for  some  months. 

It  was  an  easy  and  not  uncommon  thing  for  Amer- 
ican renegades  to  cross  the  frontier,  alight  on  a  liaci- 
enda,  nmrder  the  keepers,  and  drive  the  stock  across 
the  line  into  United  States  territory.  Again  a  Mex- 
ican would  engage  his  services  to  an  American  farmer, 
gain  his  confidence,  and  at  the  proper  time  his  coin- 
padres  would  appear,  kill  the  people,  plunder  the 
premises,  and  flee  into  Mexico.  Probably  the  greatest 
depredations  were  committed  along  the  Texan  side  of 
the  upper  Rio  Grande,  where  were  pastured  countless 
herds  of  cattle,  guarded  by  a  few  men,  the  owneis 
hving  at  a  distance  from  them.  Early  in  1 872  it  was 
stated  in  congress  that  in  Tauiaulipas,  Nut^vo  Leon, 
and  Coahuila,  cattle  bearinj^'  Texan  brands  wert'  sold 
cheaper  than  in  Texas,  it  costing  less  to  steal  than  t « > 
raise  them.  Moonlight  nights  were  generally  selected 
b}'  cattle  banditti,  who  avoided  as  much  as  possible 
encounters  with  the  owners,  though  upon  occasion  they 
did  not  hesitate  to  murder. 

While  the  people  of  the  United  States  were  urging 
the  bitterest  complaints  against  Mexico,  scarcely  any 


786 


ARIZONA,  NEW  MEXICO,  AND  MEXICO. 


attention  was  paid  to  the  punishment  of  crime  on  the 
Texan  side  of  the  Rio  Grande.  It  was  stated  that  up 
to  the  autumn  of  1877,  notwithstanding  the  fearful 
prevalence  of  murder  in  that  locahty,  not  a  single  legal 
conviction  or  execution  had  taken  place.  Both  people 
and  property  were  too  erratic  in  their  liabits.  A 
drover  with  his  stock  would  be  here  one  day  and  a 
Imndred  miles  hence  a  week  after.  Only  nomadic 
justice  and  drum-head  law  could  follow  crime  in  such 
a  society. 

By  stipulation  of  the  extradition  treaty  between 
Mexico  and  the  United  States  of  the  1 1th  of  April 
1881,  neitlier  of  the  contracting  parties  were  bound 
io  make  delivery  of  their  citizeu.s  to  the  other;  so 
that  Sonorans  could  kill  and  rob  in  Arizona,  and 
Arizonians  in  Sonora,  and  escaping  over  the  line  sit 
♦lown  quietly  and  snap  their  fingers  in  the  face  of 
Justice.  On  the  24th  of  December  1870  three  men, 
Reid,  Lytle,  and  Olliver,  were  murdered  at  Mission 
Camj)  by  three  Me.'cicans,  who  immediately  escaped  to 
Sonora.  The  2d  oi'  January  following,  Governor 
Safford  sent  an  ugent  for  them.  Tiiey  were  found 
without  difficulty,  but  the  ^Li'overnor  of  Sonora,  Pes- 
([Ueira,  declined  to  give  them  up,  i.nd  referred  tlic 
matter  to  tlie  tsecretary  of  state,  who  issued  a  circular 
to  all  prefects  to  have  the  criminals  ariosted  it'  found, 
but  not  to  deliver  them  out  of  tlicir  liuiids. 

A.  man  named  Balcer,  living  at  Blue  Water  Station, 
in  Arizona,  drove  a  stage  between  that  place  and 
Tucson.  He  was  a  peaceable  citizen,  well  and  favora- 
bly known.  On  the  night  of  the  2iNt  of  December 
1871  his  home  wa.s  entered  by  Mexicans,  and  Baker, 
with  all  his  family,  massacred,  The  murder  was 
<liscovered  a  few  days  latc'i-  by  a  traveller,  who,  en- 
tering the  house,  saw  the  remains  of  Mr  and  Mrs 
leaker,  their  little  sun,  and  an  infant.  Inuuediately 
upon  reporting  tlu;  ease  a  reward  of  one  thousand 
dollars  was  offered  for  the  detecti()ji  of  the  ruffians, 
but   the  case  was  iibandoned  upon  iiearing  that  the 


MEXICANti  AMD  AMERICANS. 


787 


Mexicans  had  reached  Sonora  and  were  under  tlie 
protection  of  the  Mexican  government. 

On  one  occasion  Governor  McCormick,  in  speaking 
of  the  border  troubles,  remarked  that  when  the  Blue 
Water  and  Mission  Camp  murders  were  committed 
he  reported  the  same  to  the  authorities  at  Washing- 
ton, sajMug  that  should  such  things  continue  there 
were  strong  probabilities  that  an  armed  force  would 
invade  Mexico  and  retaliate.  The  matter  was  then 
brought  before  the  Mexican  government,  and  the 
reply  was  that  they  were  unable  to  guard  their  fron- 
tier, and  that  they  could  not  be  held  responsible  for 
the  acts  of  their  people  across  the  border. 

John  H.  Tatnuui  was  killed  at  Tucson  in  Mar<.'h 
18G7.  He  was  for  several  years  resident  of  Arizona, 
and  at  one  time  a  member  of  the  California  legi.sla- 
ture  from  MaripoLsa  County.  It  was  rumored  that  in 
a  gambling  dispute  he  killed  a  soldier,  and  that  his 
own  life  was  taken  in  revenge  by  the  comrades  of  the 
murdered  nian. 

Says  the  iVrizona  Miiirr  of  the  14th  of  .January 
1871  on  the  state  of  affairs  at  that  time: 

"The  alarming  frequency  of  deeds  of  violence  in  our  loinuninity,  and  the 
tardiness  with  which  justice  is  jneted  out,  will,  wo  fear,  judging  from  the 
ominous  muttcringa  of  the  people,  cubninate  in  a.  viyilance  coniinittee,  the 
self-constituted  arbitei-s  of  Justice  si>  coninion  to  the  frontier,  or  wherever  laws 
arc  not  promptly  and  strictly  enforced.  Although  wocii'ty  li.i.s  heeii  outraged. 
and  murder  and  homicide  pei-jetrated  with  unpreccdente>l  iiml  reikkiSH  indjt- 
ferencc  by  lawless  and  desperate  men,  yet  wo  hope  the  necessity  for  a  vigil- 
ance committee,  the  existonoc  of  which  nil  1  iw-.-ibiding  citizen.s  muHt  ever 
deprecate,  may  not  arise, " 


The  futile  appeals  made  to  both  the  Mexican  and 
American  governments  fur  protection,  and  the  pro- 
longed delay  in  an  adjustment  of  (Ufficulties,  compelled 
the  citizens  to  avenijt.'  their  own  wroiis's  or  to  submit 
unprotected  to  continued  outrjtges. 

A  station -keeper  named  William  McFarland,  an 
honest  and  respected  man,  employed  at  Sacaton,  (jn 
the  Tucson  road,  in  March  1872  had  occasion  to  go 


72S 


ARIZONA,  NEW  MEXICO,  AND  MEXICO. 


through  Florence  and  Sanford  to  Gdndara's  rancho, 
after  leaving  which  he  mysteriously  disappeared. 
Search  was  made,  and  a  reward  of  twfdve  hundred 
dollars  offered  for  information  which  should  lead  to  a 
solution  of  the  mystery.  The  massacre  of  the  Baker 
family, previously  mentioned,  and  many  other  murders, 
stimulated  the  people  to  action.  Accordingly  a  large 
party  of  Americans  went  to  Gdndara's  to  make  inves- 
tigations concerning  the  disappearance  of  McFarland. 
Upon  ascertaining  that  Gandara  Was  at  home,  Bodel, 
one  of  the  party,  started  to  go  into  the  house,  when  Gdn- 
dara  accosted  him  with  "•AdiosT  and  drawing  a  con- 
cealed weapon  killed  him.  Gdndara  then  undertook  to 
escape,  but  was  riddled  with  balls  within  twenty  feet  of 
his  liouse.  The  Americans  returned  to  Sanford  breatii- 
ing  vengeance.  On  the  following  day,  Sunday,  the}'^ 
started  m  pursuit  of  Manuel  Reyes,  who  had  threat- 
ened to  kill  four  Americans  in  revenge  for  the  death 
of  a  comrade.  Reyes  took  refuge  in  a  house  where 
there  werc^  several  women  and  children.  At  an  early 
hour  a  (nowd  collected  about  the  place  and  ordered 
all  the  inmates  but  Reyes  to  leave  the  house.  As 
soon  as  the  order  was  obeyed  an  onslaught  was  made, 
and  amid  general  shooting  Reyes  was  killed.  An 
hour  or  two  before,  Aguilar,  another  Mexican,  was 
shot  from  his  horse.  Fears  were  <".itcrtained  of  a 
general  u[)rising  of  the  Mexicans,  a.id  places  of  busi- 
nesK  in  Sanford  and  Florence  were  closed,  the  citizens 
holding  t}i<'ins<!lves  in  readiness  to  act  if  necessary. 
Governor  Safford  soon  after  made  his  appearance;  a 
body  of  troops  was  stationed  in  the  vicinity,  and  peace 
was  finally  restored.  McFarland's  body  was  shortly 
afterward  found  buried  u  few  mihs  from  Gdndara's. 

King  S.  Woolsey,  whose  rancho  was  at  Stanwix 
Station,  had  a  Mexican  boy,  wlioni  he  had  brought  up 
with  the  kindness  of  a  father.  A  Mexican  desperado 
formerly  in  his  employ  met  the  boy  one  day  and  told 
him  he  was  going  to  the  rancho  to  kill  Woolsey.  The 
boy  replied  that  he  would  have  to  kill  him  first;  and 


MARIANO  TISNADO. 


9W 


after  some  further  discu^.-ion  the  man  did  shoot  the 
boy  so  that  ho  died.  Mexicans  in  Woolsey's  employ 
caught  the  murderer  and  determined  to  take  his  life. 
He  was  guarded  by  his  countrymen  during  the  night. 
Woolsey  advised  them  to  act  calmly.  On  the  follow- 
ing day,  August  8,  1872,  the  boy  was  buried,  and  the 
man  led  out  and  shot  beside  the  boy's  grave. 

At  Kenyon  Station,  on  the  Yuma  road,  Edward 
Lumley  was  killed  on  the  18th  of  August  1873  by 
Liicas  Luga^s  and  Manuel  Subiate.  He  was  beaten, 
stabbed,  and  shot;  and  tlie  frequency  and  brutality 
of  these  outrages  induced  extreme  measures  for  the 
arrest  of  the  guilty  Mexicans.  On  the  31st  of  the 
month  Lugas  was  found  in  a  thick  underbrusli,  whore 
he  was  shot  after  a  vain  attempt  to  kill  his  pursuers. 
Subiate  was  also  captured  the  same  day  and  i)laced  in 
the  Yuma  County  jail.  His  denial  of  complicity  in 
the  murder  was  rebutted  by  strong  circumstantial 
evidence,  as  he  wus  on  one  of  Moore  and  Carr's  stage 
horses  taken  from  Kenyon  Station,  and  had  tho 
clothing  and  dog  of  Lugas  with  him.  On  the  8ili  of 
August  four  nicM  were  hanged  for  murders  committed 
the  previous  day.  This  prompt  and  determined  action 
of  the  people  was  necessary  to  save  the  lives  and 
property  of  the  scattered  population. 

A  Mexican  named  Mariano  Tisnado  was  arrested 
for  cattle-stealing  in  Plionix,  Arizona,  and  strong 
suspicions  were  entertained  that  1k'  was  accessory  to 
the  recent  murder  of  Mr  Grilfin.  It  was  announced 
that  his  trial  would  take  phice  the  3(1  of  .Inly  I  H73. 
Earlv  that  morninjjc  there  was  an  unusual  influx  of 
farmers  coming  from  every  direction,  well  armed, 
quiet,  and  resolute.  At  six  o'clock  they  assenil)led  at 
the  court-house  scpiarc  Half  an  hour  latei'  .i  stranger, 
just  arrived,  observing  several  groups  of  peoplo  talk- 
ing on  the  street-corners,  stepped  up  to  one  of  thi^m 
and  inquired,  "What  is  the  excitement?"  "Nothing," 
was  the  reply,  "it's  all  over  now,  at  the  same  time 
pointing  significantly  to  Monihon's  corral.   The  inter- 


I  li 


780 


ARIZONA,  NEW  MEXICO,  AND  MEXICO. 


locutor  walked  to  the  place  indicated,  and  there  saw 
the  body  of  Mariano  Tisuado  suspended  from  the  gate 
of  Monihon  and  Starrar's  corral,  on  Cortes  street. 
The  farmers  had  executed  Tisnado,  as  they  feared 
that  the  result  of  his  trial  would  be  his  acquittal. 

About  midnight  on  the  3d  of  August  1873  a  Mex- 
ican couple,  Vicente  Hernandez  and  his  wife,  were 
murdered  in  their  home  at  Tucson  with  knives  and 
clubs   by  Leonardo  Cdrdoba,  Clemente  Lopez,  and 
Jesus  Saguaripa.     The  murderers  were  arrested  on 
the  following   day,  and  a  confession  obtained  from 
Coidolui  acknowledging  the  participation  of  each  in 
the  deod.     He   also  thsclosed   the   place  where  tho 
plunder  was  buried.     The  following  day  the  funeral 
occurred,  and  so  indignant  were  the  people  that  after 
the  services  they  convened  on  this  court-house  plaza 
and  advised  as  to  the  course  to  be  pursued  with  the 
murderers.    The  confession  mado  by  C6r(loba  was  road 
in  Spanish  and  in  English  to  the  assembly,  and  an 
expression  of  the  nu'oting  called  for.     The  unanimous 
demand  was  that  tlie  murderers  should  be  executed  at 
once.     There  had  been  nmch  to  aggravate  the  people 
in  the  disregard  of  justice,  particularly  in  letting  mui- 
derers  go  unpunished.     At  the  March  session  of  tlu; 
court  two  noted  criminals  were  given  their  freedoni, 
thtmgh  it  was  well  known  they  had  taken  the  lives 
of  innocent  men.    There  was  in  the  jail  at  tlie  time  of 
the  present  excitement  auotlier  murderer,  John  Wilhs 
by  name,  who  it  was  determined  should  he  liang<j<l 
with  the  three  Mexicans.     Aeconhngly  tlie  meeting 
adjourned  until  the  following  morning,  August  8th, 
when  at  an  early  hour  the  jail  was  surrounded  and 
the  prisoners  demanded.    In  the  mean  time  two  forked 
posts  were  planted  in  front  of  the  jail  dooi'  and  a  pole 
placed  on  them.     Four  ropes  with  nooses  were  then 
suspended    from   the    pole.     A  Catholic    priest   was 
summoned  and  allowed  sufficient  time  for  his  minis- 
trations.    The    prisoners    were    then   led    lorth    ;ind 
hanged.     The  report  of  the  inquest  is  interesting,  as 


EXI'LOIT  OF  JOHN  WILLIS. 


7S1 


Hhowiug  the  feeling  entertained  by  the  community  at 
the  time: 

"Wo,  tho  umleraigned,  the  jurors  Bummoned  to  appear  before  Solomon 
Warner,  the  coroner  of  the  county  of  Pima,  at  Tucson,  on  tho  8th  day  of  August 
1873,  to  inquire  into  tho  cause  of  the  death  of  John  Willis,  Leonard  C6rdoba, 
Clement  Lopez,  and  Jesus  Saguaripa,  find  that  they  came  to  their  deaths  on 
the  8th  day  of  August  1873,  about  11 :30  o'clock  in  tho  morning,  in  the  court- 
house plaza,  in  tho  town  of  Tucson,  by  hanging;  and  wo  further  find  thut 
said  hanging  was  committed  by  tlx;  people  of  Tucson  en  jncuae;  and  we  do 
further  say  that,  in  view  of  the  tumble  and  blootly  murders  which  were 
committed  by  tlie  three  Mexicans  named  above,  and  the  tardiness  with 
which  justice  wns  l>eing  meted  out  to  Jolin  Willis,  a  murderer,  the  extreme 
incasuros  token  by  our  fellow-citizens  this  morning  in  vindication  of  their 
lives,  their  iii-opcrty,  and  the  peace  and  good  order  of  society,  wliilo  it  in  to  lie 
regretted  and  deiilonid  tlmt  such  extreme  measures  were  necessary,  scum  to 
have  liecn  tho  inevitable  results  of  allowing  crimuuUs  to  escape  the  penalties 
of  their  crimes. " 

The  grand  jury  in  ( )ct()ber  spoke  of  this  action  of  the 
peo[)le  as  having  been  taken  at  "a  mass  meeting  of 
the  citizens  of  the  town  of  Tucson,  numbering  several 
hundred,  and  composts!  for-  the  most  part  of  the  best 
and  most  inlluential  citizens  of  the  town.  The  hanging 
was  done  ai  mcvisc,  cahnly  and  deliberately,  believing 
it  was  for  the  best  interests  of  tho  community  at 
large.  The  verdict  of  the  coroner's  jury  held  on  the 
day  of  the  hanging  accurately  expresses  the  sense  of 
a  very  large  niaj(»rity  of  our  most  substantial,  peace- 
able, and  law-abiding  citizens." 

The  man  John  Willis,  who  was  executed  with  the 
Mexicans,  is  credited  with  the  following  sanguinary  ex- 
ploit: One  night  in  November  1872,  at  Adamsville, 
Arizona,  Colonel  Kennedy  was  slain  by  John  Rogers. 
The  body  lay  yet  unburied  wlien  Bob  Swoope  heard 
of  it.  Bob  was  at  Sanfoid  at  the  time,  and  being  a 
warm  personal  friend  oi'  the  oolonel,  he  was  deeply 
moved  on  receipt  of  the  sad  intelligence.  To  have 
killed  Rogers,  even  though  he  were  a  descendant  of 
the  martyr,  would  have  afforded  him  some  relief;  but 
this  being  impracticable,  he  took  a  driidc.  Still  feeling 
badly,  he  took  another  drink,  which  opened  the  way  tor 
tt  third,  and  soon  Bob  was  sorrowfully  drunk. 


732 


ARIZONA,  NEW  MEXICO,  AND  MEXICO. 


"  I  will  go  to  that  funeral  if  it  kills  me,"  said  he  to 
John  Willis,  whom  he  met  while  in  this  ultra-emo- 
tional mood. 

"  I  reckon  not,"  replied  Willis. 

"I  tell  you  I  shfldl  gol"  exclaimed  Bob,  waxing 
warm. 

"Oh  no  you  won't  1"  retorted  Willis. 

•"  I'll  bet  I  dol"  cried  Bob,  more  warmly. 

"I'll  bet  you  don't  1"  said  Willis,  as  he  drew  a 
revolver  and  shot  his  friend  through  the  heart. 
Willis  was  arrested  and  indicted  in  March  1873,  but 
his  trial  was  postponed  until  May.  On  the  24th  of 
the  month  the  jury  pronounced  a  verdict  of  guilty 
of  murder  in  the  first  degree,  but  the  sentence  of  the 
judge  that  Willis  should  be  hanged  was  issued  without 
naming  the  day  for  his  execution,  whereupon  the 
case  was  appealed  to  the  supreme  court.  The  grand 
jury,  reporting  upon  the  affair,  says:  "After  an  ex- 
haustive, fair,  and  impartial  trial  of  about  one  week's 
duration,  at  great  cost  to  the  county  and  some  sacri- 
fice to  the  trial  jurors,  John  Willis  was  found  guilty 
of  murder,  and  as  his  case  had  been  appealed  to  the 
supreme  court  upon  some  trivial  excuse,  a  general 
belief  prevailed  that  it  would  end  as  did  that  of  An- 
thony Dorman  and  others,  and  that  he  would  event- 
ually be  set  free  or  make  his  escape,  to  f'lrther  prey 
upon  the  people,  as  has  been  the  case  in  all  other 
cases  of  murder  since  Tucson  has  been  under  the 
jurisdiction  of  the  civil  law."  This  is  a  continuation 
of  the  report  previously  quoted,  exculpating  those 
who  at  last  assumed  the  responsibility  of  ridding  the 
community  of  four  dangerous  characters. 

G.  R.  Whisler,  a  man  fifty  years  of  age,  keeper  of 
Burke  Station,  on  the  Lower  Gila,  was  murdered  at 
noon  on  the  7th  of  July  1874  by  a  Mexican  named 
Ventura  Nunez.  Threats  had  been  made  by  border 
bandits  to  murder  all  the  station-keepers  from  Gila 
Bend  to  Yuma,  and  the  discovery  of  Whisler's  violent 
death  excited  intense  apprehension.     Governor  Saf- 


0  TEMPUS  FERAX  RERUM ! 


m 


ford  inaugurated  a  plan,  which  worked  very  success- 
fully, authorizing  responsible  parties  to  offer  suitable 
rewards  for  the  apprehension  of  criminals.  Accordingly 
Woolsey,  of  Stanwix  Station,  nine  miles  below  Burke, 
immediately  offered  five  hundred  dollars  for  Ventura 
Nunez,  dead  or  alive.  Three  men  started  in  pur- 
suit, and  overtook  the  Mexican,  who,  having  ridden 
down  his  own  and  a  stage  horse,  was  on  foot.  Ho 
was  captured  near  the  copper  mines,  sixty  miles  south 
of  Burke  Station,  after  having  about  twenty  shots 
fired  at  him,  one  of  which  penetrated  hia  leg.  Ho 
was  searched  and  some  of  the  stolen  property  found ; 
he  acknowledged  the  crime,  and  was  brought  back  on 
the  11th  of  December  to  the  scene  of  the  murder, 
where  there  was  a  large  assembly  of  men  from  the 
various  stations,  who  took  the  man  from  the  authori- 
ties and  hanged  him.  This  decisive  action,  it  was  felt, 
would  be  efhcacious  in  deterring  these  ruffians  from 
the  commission  of  such  crimes,  for  love  of  life  is  strong 
within  them,  though  they  hold  in  light  esteem  the 
lives  of  others. 

Oliver  P.  McCoy  on  the  3d  of  August  1877  near 
Safford,  Arizona,  discharged  both  barrels  of  a  shot- 
gun loaded  with  fine  and  buck  shot  into  the  body  of 
J.  P.  Lewis,  who  was  attending  to  some  irrigating, 
killing  him  almost  instantly.  McCoy  gave  himself 
up,  and  was  examined  by  a  justice,  before  whom  he 
acknowledged  the  crime.  Next  day  he  was  to  have 
been  sent  to  Tucson,  but  that  night  he  was  taken  by 
the  people  and  hanged. 

Nothing  was  created  in  vain;  even  desperadoes 
serve  a  good  purpose  sometimes.  Along  the  Amer- 
ican border  during  the  past  century  they  have  done 
far  more  toward  the  execution  of  justice  in  killing 
each  other  than  was  done  by  all  the  law  courts  in  the 
land.  What  a  godsend  it  is  to  a  community  for  five 
or  six  of  their  ruffians  to  kill  each  other,  leaving  only 
one  survivor  for  the  people  to  hang.  On  the  morn- 
ing of  the  18th  of  December  1877,  at  Hackberry, 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


// 


(./ 


^ 


<'.^      ^     ^    *^^ 

&/ 


Si 


/a 


1.0 


I.I 


1.25 


f  IIIIIM 
^^  lilitt 


2.5 


m 


12.0 


1.8 


U    IIIIII.6 


Vi 


<? 


/] 


*: 


r#/^^^/ 


'^^V^ 

^^, 


7 


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/A 


Photographic 

Sciences 

Corporation 


23  WEST  MAIN  STREET 

WEBSTER  N.Y.  14580 

^716)  372-4503 


o^ 


734 


ARIZONA,  NEW  MEXICO,  AND  MEXICO. 


Arizona,  Bob  White  attempted  to  shoot  Frank  Mc- 
Niel,  a  stranger,  after  a  few  angry  words  over  a  trivial 
matter.  McNiel  disarmed  White,  and  led  him  into  a 
saloon  to  his  friends,  as  he  had  no  wish  to  quarrel  with 
the  fellow.  Shortly  afterward  Charlie  Rice,  one  of 
White's  friends,  approached  McNiel  and  shot  him, 
causing  his  death.  The  citizens  turned  out  en  masse, 
and  capturing  Rice,  hanged  him.  In  the  mean  time 
White,  attempting  to  escape,  was  pierced  with  bullets 
and  fell  dead. 

L.  V.  Grimes  and  C.  B.  Hawley,  confessing  to  cer- 
tain robberies  and  murders,  were  hanged  at  Globe, 
Arizona,  by  thirty  citizens,  early  in  the  morning  of 
the  24th  of  August  1882. 

The  greatest  sufferers  from  the  lax  administration 
of  justice  in  New  Mexico  were  foreigners,  especially 
citizens  of  the  United  States,  against  whom  there 
was  no  little  prejudice. 

Notwithstanding  the  general  perversion  of  justice 
in  New  Mexico,  capital  crimes  were  rare,  though  petty 
thefts  were  frequent.  Doubtless  fear  of  the  savages 
prevented  the  highway  robbery  which  so  long  and 
so  mercilessly  oppressed  many  parts  of  Mexico.  To 
leave  an  article  exposed  was  not  sale  for  a  moment, 
and  though  thievery  was  so  common  it  was  difficult 
to  catch  rogues,  for  few  would  inform. 

Very  dift'erent  was  the  management  of  afiairs  under 
royal  regime,  as  the  following  incident  testifies:  In 
1815a  soldier  named  Cora  stole  a  few  articles  of  no 
great  value  from  the  public  storehouse  at  Santa  Fd, 
then  in  charge  of  Lieutenant  Don  Valentin  Moreno. 
Cora  was  arrested,  tried,  convicted,  and  sentenced 
to  be  shot;  nor  did  the  solicitations  of  some  of  the 
most  influential  men  in  the  province  save  liim  from 
death. 

The  insurrection  of  1837  was  something  more  than 
an  Indian  outbreak.  The  pueblo  natives,  semi-civil- 
ized when  first  found,  were  but  little  lower  in  the 


VERY  LARGE  MOBS. 


735 


m 


scale  of  humanity  than  the  Mexicans  themselves. 
The  territorial  government,  by  act  of  the  Mexican 
congress,  had  just  been  erected  into  a  departmental 
government,  and  Perez,  in  January  1837,  appointed 
governor.  His  rule  was  regarded  by  the  Pueblos  as 
arbitrary  and  unjust.  Among  other  oppressive  meas- 
ures, a  tax  had  been  laid  on  tobacco ;  and  further  con- 
templated impositions  were  feared. 

In  July  1837  the  Pueblos  rose  in  rebellion,  San 
Juan  taking  the  lead.  About  the  beginning  of  August 
a  great  multitude  gathered  at  La  Canada,  among 
whom  were  the  chiefs  and  principal  warriors  of  the 
Pueblos.  Perez  issued  orders  for  the  mustering  of 
the  militia,  but  not  more  than  one  hundred  and  fifty 
could  be  found.  With  these  he  marched  against  the 
insurgents,  but  was  repulsed,  many  of  his  force  going 
over  to  the  enemy.  With  about  twenty-five  officials 
and  friends  he  fled  southward,  fearing  to  rel'irn  to 
Santa  Fd;  but  they  were  overtaken  and  drivc;i  back 
to  the  suburbs  of  the  city,  where  Perez  was  killed, 
Jesus  Maria  Alarid,  secretary  of  state,  and  Ramon 
Abred,  prefect  of  Rio  Arriba,  were  also  slain  and  their 
bodies  mutilated. 

Anarchy  followed.  At  a  mass  meeting  held  at 
Santa  Fd,  resolutions  opposed  to  the  Perez  policy 
were  passed  and  a  provisional  government  adopted. 
Two  thousand  insurgents  pitched  their  camp  before 
the  capital  the  9th  of  August,  and  the  horrors  of  a 
saquSo  were  feared,  but  no  outrage  was  attempted. 
Many  of  the  insurgents  remained  in  and  about  the  city 
for  two  days,  during  which  time  one  of  their  leaders, 
Jose  Gonzalez  of  Taos,  honest  but  unlearned,  was 
chosen  governor,  and  Antonio  Domingo  Lopez  lieu- 
tenant-governor. 

At  Tome  on  the  8th  of  September  one  Manuel 
Armijo  pronounced  against  the  insurgents.  Men 
gathered  to  his  standard;  and  after  having  pro- 
claimed himself  governor,  he  marched,  the  1 3th  of 
September,  with  a  large  body  against  the  insurgents, 


730 


ARIZONA,  NEW  MEXICO,  AND  MEXICO. 


primarily  the  Pueblos,  but  now  increased  by  discon- 
tented white  men  to  a  formidable  organization.  Gon- 
zalez prepared  for  battle,  but  persuaded  by  a  priest 
to  capitulate,  he  was  first  confined,  and  on  the  25th 
of  January  1838  was  hanged  at  Santa  Cruz  with 
Lopez.  Armijo  for  his  service  and  successes  was 
confirmed  as  governor  by  the  authorities  at  the  City 
of  Mexico. 

This  Armijo,  in  common  with  rulers  and  magis- 
trates of  his  day,  employed  singular  methods  in 
determining  guilt.  In  January  1840  two  foreigners 
returning  from  the  mines  to  Santa  Fd  had  the  misfor- 
tune to  kill  a  Mexican  lad  by  the  accidental  discharge 
of  one  of  their  guns.  Carrying  the  body  into  town, 
they  at  once  reported  the  circumstance  to  the  au- 
thorities. The  chief  alcalde  consulted  with  Armijo 
as  to  what  should  be  done.  After  due  deliberation 
and  with  a  little  gravity,  although  there  had  been  no 
examination  or  form  of  trial,  it  was  determined  that 
the  strangers  should  be  imprisoned  for  murder  and 
there  kept  until  they  should  prove  their  innocence. 
In  time  the  absurdity  of  the  thing  became  apparent 
to  the  people,  and  their  manifest  disapprobation  at 
length  induced  the  judge  and  governor  to  give  the 
men  their  liberty. 

The  manifestation  of  feeling  against  foreigners  was 
frequent,  such  as  the  capture  in  1841  of  the  Santa 
F(S  expedition,  the  beating  to  death  in  open  day  of  a 
dumb  Creole  at  Taos,  the  entering  and  robbing  of 
Rowland's  store  by  a  mob  led  by  the  alcalde  of  San 
Miguel.  At  the  same  time  no  little  excitement  pre- 
vailed at  Santa  ¥6,  where  an  attack  was  made  on  the 
United  States  consul,  Manuel  Alvarez.  Backed  by  a 
band  of  sans-culottes,  one  Martin,  nephew  and  confiden- 
tial agent  of  the  governor,  approached  the  consul's 
house  with  murderous  intent.  Drawing  a  large 
knife,  he  told  the  crowd  to  keep  back  until  he  called 
them;  he  entered  the  house  secretly  and  attacked 
Alvarez,  cutting  him  severely  in  the  face.    The  consul 


TRIAL  BY  ROPE  AND  DRUM-HEAD. 


737 


narrowly  escaped  with  his  Ht'e,  jiiiJ  the  nephew  was 
promoted  for  his  pains. 

During  the  spring  of  1847  the  Santa  Fe  roads  were 
infested  with  Pawnees  and  Conianches,  who  fear- 
lessly attacked  the  government  trains,  beat  down  the 
escorts,  drove  off  the  cattle,  and  often  killed  many 
people.  One  of  these  cases  occurred  near  the  Grand 
Arkansas  on  the  2 2d  of  June,  when  a  large  body  of 
natives  attacked  a  returning  government  train,  over- 
powered the  teamsters,  and  captured  eiglity  yoke  of 
oxen.  Lieulenant  Love's  convoy,  with  three  hun- 
dred thousand  dollars  in  specie,  was  attacked  four 
days  after  near  the  Arkansas  by  about  five  hundred 
native  warriors,  who  took  one  hundred  and  fifty  yoke 
of  oxen.  Pursued  by  twenty  of  Love's  men,  tliey  \vd 
them  into  ambush  and  cut  off  their  retreat.  A  tierce 
fight  ensued,  but  the  white  men  finally  forced  a  pas- 
sage and  made  good  their  retreat.  The  natives  lost 
twenty-five  killed  and  many  wounded,  while  the  killed 
and  wounded  -of  the  white  men  numbered  eleven. 

On  the  28th  of  June  1847  Lieutenant  Brown  and 
privates  McClanahan  and  Quisenbury  were  sent  with 
a  Mexican  guide  in  pursuit  of  some  Mexicans  who  a 
day  or  two  before  had  stolen  the  hoi"ses  belonging  to 
Captain  Horine's  troop  near  Las  Vegas.  After  several 
days  had  elapsed  without  information  from  the  party, 
it  was  conjectured  that  they  had  been  murdered. 
This  supposition  seemed  confirmed  by  a  statement 
ir^ade  to  Major  Edmondson  by  a  Mexican  lady,  who 
affirmed  that  three  Americans  and  one  Mexican  had 
been  killed  near  Las  Vegas  and  their  bodies  burned. 
Three  Mexicans,  whose  appearance  had  excited  sus- 
picion, were  brought  into  camp,  and  an  attempt  made 
to  obtain  information  on  the  subject  from  them;  as 
they  would  make  no  disclosures,  one  of  them  was 
hanged  until  nearly  dead,  when  on  being  lowered  the 
third  time  he  admitted  the  truth  of  the  Mexican 
lady's  statement.  Major  Edmondson  at  once  ordered 
a  detachment  of  twenty-nine  cavalry  and  thirty -three 

Pop.  Tbib,,  Vol.  I.    47 


738 


ARIZONA,  NEW  MEXICO,  AND  MEXICO. 


infantry  with  one  howitzer  to  march  at  once  on  Las 
Vegas.  A  charge  was  made,  in  which  ten  Mexi- 
cans were  killed,  fifty  taken  prisoners,  and  the  re- 
mainder driven  from  the  place.  Tried  by  drum-head 
court-martial  at  Santa  Fd,  sentence  of  death  was 
pronounced  upon  six  of  the  prisoners,  and  on  the  3d 
of  August  in  presence  of  the  army  they  were  exe- 
cuted. 

After  the  defeat  of  the  Mexicans,  search  was  made 
for  the  remains  of  Lieutenant  Brown  and  his  com- 
panions. The  body  of  the  former  was  found  concealed 
among  the  rocks ;  it  had  not  been  burned  out  of  rever- 
ence for  the  cross  which  lay  upon  the  breast.  The 
ashes  of  the  others  were  discovered,  and  their  weapons 
and  clothes  found  in  different  houses.  The  larger 
portion  of  the  town  was  burned  by  the  soldiers,  as 
were  also  the  mills  belonging  to  the  alcalde,  who  was 
known  to  have  sanctioned  the  murder  of  Lieutenant 
Brown's  party. 

There  were  on  the  19th  of  January  1847  two 
Pueblos  confined  in  the  prison  at  Taos,  and,  as  their 
towns-people  thought,  unjustly.  At  all  events  they 
determined  on  their  release,  and  a  deputation  was  sent 
from  their  village,  twelve  miles  away,  to  Taos  to  make 
the  demand.  Lee,  the  sherifi",  saw  the  approaching 
storm  and  recommended  tolerant  measures,  but  the 
prefect,  a  Mexican,  forbade  him  to  release  the  prisoners. 
Thereupon  the  deputation  killed  both  sheriff  and  pre- 
fect, and  opened  the  prison  doors. 

The  villagers  then  marched  to  the  house  of  Governor 
Bent,  who  arose,  dressed  quickly,  and  sought  to  gain 
the  street,  but  before  he  could  escape  he  was  shot. 
District-attorney  Leal  was  likewise  shot;  also  the  son 
of  Judge  Baubien.  The  same  day  seven  Americans 
were  killed  at  the  Arroyo  Hondo,  two  at  the  Rio 
Colorado,  and  civil  war  ensued. 

At  the  time  of  the  murder  of  Governor  Bent, 
general  alarm  spread  through  all  that  section  of 
country.     The  outrages  that  preceded  and  followed 


TUKL1':V  AM)  HIS  MEN. 


73!) 


added  proportionate  anxiety.  A  man  of  wealth  and 
prominence  named  Turley  was  warned  that  his  life 
Mas  in  danger.  He  listened  fearlessly  to  the  intimi- 
dation, his  unsuspicious  nature  refusing  to  believe  that 
malice  could  be  cherished  toward  him.  Generous  with 
his  wealth,  he  never  refused  a  Mexican  who  applied 
to  him  for  aid;  the  hungr}"^  were  supplied  from  his 
granaries,  and  poverty  was  relieved  by  his  bounty. 
Turley  owned  a  mill  and  distillery  adjoining  his  house. 
At  the  solicitation  of  his  men  they  were  permitted 
to  fortify  themselves  against  possible  attack,  their 
little  garrison  being  composed  of  eight  white  men, 
Americans,  French  Canadians,  and  Englishmen,  well 
supplied  with  arras  and  ammunition. 

These  precautionary  measures  were  scarcely  com- 
pleted before  a  large  force  of  Mexicans  and  Indians 
appeared  and  demanded  Turley's  surrender,  at  the 
same  time  guaranteeing  the  safety  of  his  life.  Turley 
refused  to  surrender  his  house  or  his  men.  A  short 
consultation  between  the  Mexicans  followed  this  reply, 
and  then  they  commenced  an  attack.  Their  force  was 
composed  of  five  hundred  men,  with  numbers  hourly 
increasing.  Secreting  themselves  among  bushes  and 
crouching  behind  rocks,  they  kept  up  an  incessant  fire. 
The  Americans  had  blockaded  and  loop-holed  their 
windows,  and  with  their  rifles  they  now  picked  off 
every  man  who  in  the  least  exposed  himself.  Night 
brought  quiet,  but  the  next  day  the  fight  was  vigor- 
ously renewed.  In  the  mean  time  some  of  the  Mexi- 
cans had  gained  possession  of  the  stables  separated 
but  a  few  feet  from  the  main  building.  An  attempt 
was  made  to  cross  the  narrow  space,  but  when  it  was 
discovered  Turley's  men  quickly  prepared  for  them.  A 
Pueblo  chief  attempted  to  cross,  but  a  shot  dropped 
him  in  the  centre  of  the  space.  A  warrior  darted  out 
to  recover  the  body,  but  another  shot  stretched  him 
beside  his  chief.  Two  others  met  a  similar  fate;  at 
last  three  rushed  to  the  spot,  and  had  seized  the  body 
when  three  sharp  cracks  from  as  many  rifles  added 


7^0 


ARIZONA,  NEW  MEXICO,  AND  MEXICO. 


tlioir  lifeless  bodies  to  the  number  already  stretched 
upon  the  ground. 

Unerring  aim  had  become  a  necessity,  for  their 
ammunition  was  much  reduced.  The  attack  was  now 
renewed  more  fiercely;  the  assailants  poured  in  a  vol- 
ley, and  two  of  the  defenders  fell  moitally  wounded. 
A  still  greater  danger  now  threatened  them;  the  mills 
were  discovered  to  be  on  fire,  and  the  flames  must  iii- 
i'vitably  communicate  with  their  own  building.  Twice 
they  succeeded  in  extinguishing  the  fire,  only  to  see 
it  break  out  elsewhere.  Though  the  mill  was  but  par- 
tially burned  resistance  was  useless,  but  rather  than 
surrender  they  determined  if  p(issible  to  effect  their 
escape  during  the  night. 

At  dusk  John  Albert  and  a  companion,  two  of  the 
besieged  party,  rushed  suddenly  from  the  building 
and  discharged  their  rifles  at  the  foe,  Albert  then 
threw  himself  upon  the  ground,  and  crawling  beneath 
a  fence,  remained  there  until  dark,  when  he  started 
for  the  Greenhorn,  undiscovered  by  the  enemy,  and 
reached  the  place  in  an  exhausted  condition.  His 
companion  was  discovered,  stabbed  with  knives  and 
lances,  and  shot. 

Turley  succeeded  in  eluding  the  enemy  and  reached 
the  mountains  in  safety.  There  he  met  a  Mexican, 
who  expressed  great  commiseration,  and  sympathiz- 
ingly  offered  him  assistance  if  he  would  remain  con- 
cealed until  his  return  from  a  certain  place  where  he 
would  go  for  horses.  The  Mexican  then  went  directly 
to  the  mill  and  reported  Turlej-'s  place  of  conceal- 
ment. A  party  of  Mexicans  at  once  started  out, 
found  Turley,  and  shot  him  dead.  The  remainder  of 
the  number  who  had  so  valiantly  defended  Turley  and 
his  premises  succeeded  in  reaching  Santa  Fe  in  safety. 
The  mill  was  pillaged  by  the  Mexicans,  and  a  large 
amount  of  money  taken. 

At  a  fandango  in  Socorro  some  ruffians  in  1851 
killed  Assistant-quartermaster  Clark  of  the  boundary 
commission,  stabbing  him  with  bowie-knives.    An  ar- 


THK  TKXAX  RORPKR. 


741 


151 

iry 


rest  was  uuulo  of  ciijflit  or  ten  persons  thought  to  ho 
iniphoatod  in  the  crime,  wli(t  were  tried  liefore  a  jury 
composed  of  six  Mexicans  and  six  connnissioners. 
The  trial  lasted  two  days,  resulting  in  the  conviction 
and  execution  of  three  of  the  criminals.  A  reward 
of  four  hundred  dollars  was  offered  for  the  arrest  of 
Young,  the  leader  of  the  band,  who  was  soon  captured, 
and  after  a  trial  and  a  full  confession  of  liis  grilt  was 
hanged  upon  the  same  tree  which  had  hoor  used  for 
the  execution  (»f  his  accomplices. 

Of  all  the  towns  of  New  Mexico  none  enjoyed  a 
greater  notoriety  foi-  low  morality  than  Manzana, 
where  about  the  year  185o  appeared  to  rendezvous 
desperate  men  and  vile  women  of  every  description. 

The  following  incident,  illustrative  of  the  cunning 
of  the  ii'entlc  savnii't',  occurred  at  Fort  l^eiianco  in 
1854.  The  Navajos  had  murdered  a  man  near  the 
fort,  and  at  once  an  impei-ativc  order  ^\■as  sent  them 
by  Major  Kendricks  to  deliver  the  murderer  to  him. 
After  a  little  ))arleying.  the  chiefs  saw  that  no  com- 
promise could  be  effected,  and  consented  to  the  hanging 
of  the  murderer,  only  stipulating  that  they  them- 
selves should  be  permitted  to  execute  him.  This  was 
allowed.  At  the  hour  of  execution  the  troops  were 
drawn  up  in  line  and  witnessed  the  fulfilment  of  the 
agreement,  as  they  supposed;  but  some  time  after- 
ward the  revelation  was  made  that  instead  of  the 
murderer  a  Mexican  ca[)tive  had  been  executed. 

Among  stock-raisers  inhabiting  the  western  terri- 
tory the  depredations  of  Comanche  and  other  cattle- 
stealers  were  conducted  on  an  extensive  scale.  It 
was  estimated  that  one  hundred  thousaiul  head  of 
cattle  had  been  stolen  from  the  north-western  )>art 
of  Texas  between  1853  and  1873  and  that  they  had 
been  sold  in  New  Mexico.  A  rich  stock-raiser  in 
Palo  Pinto  having  lost  heavily  in  this  way,  followed 
the  natives,  and  at  great  trouble  and  expense  recov- 
ered several  thousand  head  from  New  Mexico.     He 


742 


ARIZONA,  NEW  MEXICO,  AND  MEXICO. 


icj)()rted  a  groat  many  persons  in  the  territory  aa 
directly  and  indirectly  abetting  this  traffic,  by  ex- 
changing arms  and  clothing  for  stolen  cattle.  The 
commissioners  of  the  Mexican  frontier  complained 
that  cattle  stolen  from  that  country  were  also  in  New 
Mexico. 

Great  as  was  the  sorrow  of  the  times  in  these  local- 
ities, when  we  read  in  the  Galveston  News  of  May 
1875  that  in  three  counties  of  Texas  in  a  single  day 
seventeen  men  were  ai'bitrarily  executed,  we  may 
hide  our  modest  heads  that  our  annals  show  so  few 
such  takings-off. 

The  cries  of  "Death  to  the  Gringos!"  and  "Viva 
Mexico  I"  were  raised  by  the  Mexicans  in  the  towns 
of  Isleta  and  Saullizarco,  on  the  Texan  border,  the 
Othof  October  1877.  Four  hundred  armed  Mexicans, 
one  hundred  of  them  from  the  Mexican  side  of  the 
river,  toolc  possession  of  El  Paso,  Texas,  claiming  that 
territory  as  a  part  of  jMexico.  Judge  Charles  H. 
Howard  was  made  prisoner  by  the  mob  and  bound 
Avith  ropes.  The  seizure  of  the  officials  of  the  entire 
countv  was  effijcted.  General  Escobedo  was  tried  at 
Brownsville,  Texas,  for  violation  of  the  United  States 
neutrality  laws,  but  was  acquitted,  as  it  could  not  be 
proved  that  the  armed  men  in  camp  with  him  actually 
intended  to  invade  Texas.  Lieutenant-general  Sher- 
idan, in  his  annual  report  dated  October  27tli,  giving 
a  detailed  account  of  border  troubles,  said  that  cattle 
ran  loose  by  thousands  on  the  American  side  of  the 
river,  and  Mexicans  and  Indians  used  to  come  over 
and  steal  them. 

Nowhere  have  I  seen  more  boldly  displayed  the 
irony  of  Chiistian  outlawry  than  on  this  Texan  fron- 
tier, where  drinking,  gambling,  cattle-stealing,  duelling, 
prize-fighting,  camp-meeting,  highway -robbery,  throat- 
cutting,  promiscuous  shooting,  and  psalm-singing  are 
so  simultaneously  rampant,  where  representatives  of 
Christ  and  Belial  turn  bruisers  and  batter  one  another 
in  most  ungodly  fashion,  where  piety  and  infernal  dis- 


TUE  HISIVUN'OCALIFORNIANS. 


7i;'. 


cord  are  so  indiscriuiinatoly  mixed  as  almost  to  defy 
identification.  Among  specimens  of  nineteenth-cen- 
tury United  States  ignorance,  of  blind  brutal  bigotry, 
the  sentiment  contained  in  the  following  notice  found 
nailed  to  a  tree  growing  out  of  the  holy  soil  of  Texas, 
where  a  man  was  whipped  in  the  name  of  Christianity, 
assuredly  should  bo  placed  first:  "This  is  to  certii'y 
that  on  Saturday  night,  the  Gth  of  October  1877,  th»^ 
lleveiend  Doctor  llussell  was  called  to  see  a  mover's 
wife,  camped  at  this  [)lace,  and  on  the  doctor's  arrival 
three  other  men  came  out  and  captured  him,  and  hit 
him  a  hundred  licks  vith  a  leather  strap,  and  let  him 
loose  on  condition  that  he  nmst  not  lecture  or  tlebatt- 
on  inlitlelity  any  more  in  this  country.  Now  a  word 
to  Nunncly,  Posey,  Marshall,  and  in  fact  to  all  the 
leading  men  of  tho  infidel  club:  If  any  of  you  take 
his  i)lace  wo  will  burn  }^u  out  of  house  and  Jiome,  and 
hang  you  until  you  are  dead.  If  any  man  in  this 
county  is  injured  on  account  of  what  has  been  done, 
wc  will  burn  you  all  out.  We  have  got  fifty  men  to 
back  us.  Gents,  we  mean  business;  infidelity  has  got 
to  stop  in  this  county  as  well  as  stealing." 

Returning  for  .*,  moment  to  California,  as  a  fair  and 
truthful  historian  I  cannot  close  this  volume  without 
laying  before  the  reader  the  credit  side  of  law.  We 
cannot  deny  that  law  does  something;  let  us  sec  what 
it  accomplished  during  our  earlier  years,  that  the 
charge  of  prejudice  may  not  lie  at  our  door.  In 
God's  name  let  us  have  the  truth.  Let  us  frankly 
acknowledge  our  indebtedness  to  laws,  law  courts, 
judges,  and  lawyers,  for  what  they  have  done  and 
are  doing  for  us. 

But  first  let  us  glance  at  what  the  Hispano-Califor- 
nians  did  before  the  institutions  of  the  great  republic 
were  thrown  over  the  country,  and  compare  their 
doings  with  ours;  for  we  are  inclined  to  regard  our 
ways  superior  to  theirs. 

The  legal  executions  in  California  prior  to   1847 


7a 


ArilZONA,  NHW    MEXICO,  AND  MEXICO. 


were  aH  follows:  First,  under  the  Spanish  adminis- 
tration of*  FclijH'  do  Neve,  at  San  Dicj^o  April  11. 
1778,  Aaran,  Alcuirin,  Achil,  and  Taquaqui,  Pamii 
<;lii»!l'H  guilty  of  a  cons[)iracy  against  the  lives  of  the 
whites,  and  who  in  consideration  of  future  good  con- 
<luct  hud  in  1770  Ijoen  pardoned  after  conviction  of 
))articipation  in  the  i-evolt  of  the  previous  year,  were  by 
oi'der  of  Couiandante  Ortega  shot  to  death.  Duriny; 
the  adiiiiiiistiation  of  Diego  de  Borica,  at  Santa  Bdr- 
hara  Januniy  10,  1795,  Ignacio  Rochin,  murderer, 
was  shot  to  death  by  sentence  of  the  real  audiencia 
of  (Tuadalajara.  A  woman  who  was  his  accomplice 
was  sentenced  to  six  years'  domestic  service  without 
wages. 

Under  Jose  de  Joaquin  de  Arrillaga,  at  Santa  Bar- 
bara on  the  Uth  of  February  1801  Josd  Antonio 
Rosas,  native  of  Los  Angeles,  soldier  of  the  Santa 
J-Jiiibara  prcsidial  company,  eighteen  years  of  age, 
was  condemned  for  the  crime  of  bestiality  with  a 
mule  on  the  "JOth  of  June  1800.  He  was  sentenfrrl 
by  the  auditor  de  giiei-ra,  in  accordance  with  royal  or- 
dinance, to  be  hanged  till  dead,  and  his  body  then  to 
b<.'  burned  with  that  of  the  beast.  The  sentence  was 
confirmed  by  the  viceroy.  As  there  was  no  hangman 
at  hand  the  young  soldier  was  shot,  and  the  sentence 
otherwise  carried  into  effect. 

I^'^nder  Mexican  rule,  during  the  administration  of 
Lu  .  Antonio  Arguello,  at  Monterey  the  6th  of  Feb- 
ruary 1824,  Pom})onio,  neoplwte  of  San  Francisco 
mission,  a  noted  outlaw  guilty  of  many  murders, 
lapes,  and  robberies,  was  shot  to  death  by  order  of 
court-martial.  At  La  Purisima  Concepcion,  March 
25,  1824,  seven  Indian  rebels,  Baltasar,  Pacifico, 
Estevan,  Gines,  Antonio,  Felipe,  and  Jose  Andres, 
Avere  shot  to  death  by  order  of  the  court-martial  for 
the  murder  of  Dolores  Sepi'dveda  and  three  com- 
panions. 

Under  the  administration  of  Manuel  Victoria,  at 
Monterey  April  26,  1831,  Atanasio,  an  Indian  ser- 


RIGID  JUSTICE. 


748 


30, 

tor 


at 

jr- 


vant  eighteen  years  of  age,  was  shot  to  death  in 
accordance  with  the  sentence  of  the  asesdr,  confirmed 
by  the  governor,  for  stealing  a  gross  of  military 
buttons.  He  was  suspected  of  having  robbed  the 
storehouse  on  various  occasions,  probably  to  the  ag- 
gregate amount  of  two  hundred  and  fifty  dollars, 
otherwise  his  punishment  for  the  theft  of  the  but- 
tons might  have  been  less  severe.  Josd  Sagarra,  ox- 
privateersman  of  Buchard's  expedition  of  1818,  and 
Simon  Aguilar,  Mexican  servant,  were  shot  to  death 
in  Monterey  May  28,  1831,  for  stealing  articles  of 
insignificant  value  from  the  warehouse  of  Carmclo 
Mission.  At  San  Francisco  in  1831  Francisco  Rubio, 
alias  El  Coyote,  a  soldier  of  the  San  Francisco  pre- 
sidial  company,  was  shot  to  death  for  outrage  and 
iimrder  committed  on  a  little  girl.  Shortly  after  his 
execution  it  was  clearly  proved,  as  some  say,  that  he 
was  innocen^     f  the  crirao. 

At  Monterey  April  7,  1840,  Diego  Feliz,  soldier, 
was  shot  for  the  1)7  utul  assassination  of  his  wife.  Ho 
was  executed  b}-  order  of  Castro,  approved  by  the 
governor,  three  hours  after  he  had  committed  the 
bloody  deed.  In  March  1841  three  Mexicans,  Va- 
lencia, Linares,  and  Duarte,  were  under  sentence  of 
death  at  Los  Angeles  for  robbing  and  murdering  the 
German  trader  Nicholas  Fink.  Meanw^hile  the  vaga- 
bond class  had  broken  into  and  robbed  a  tavern,  and 
committed  other  violent  acts.  Thirty-three  citizens 
petitioned  government  for  a  prompt  execution  of  the 
trio  to  serve  as  an  example.  On  April  7th  they  were 
executed,  a  strong  guard  of  citizens  remaining  under 
arms  for  three  days  to  repress  any  outbreak  in  favor 
of  the  prisoners.  Although  the  excitement  was  strong 
no  disturbance  occurred.  It  was  through  the  exertions 
of  foreign  residents  at  Los  Angeles  that  these  men 
were  brought  to  justice.  They  confessed  their  guilt  in 
open  court.  The  judge  of  the  first  instance  condemned 
them  to  death,  and  Governor  Alvarado  approved  the 
sentence,  and  ordered  the  comandante  at  Santa  Bdr- 


746 


ARIZONA,  NEW  MEXICO,  AND  MEXICO. 


bara  to  carry  the  same  into  execution  within  three 
days  after  the  receipt  of  the  order.  De  Mofras  says 
that  the  foreigners  intimated  to  Alvarado  that  if  the 
government  did  not  execute  the  sentence  the  people 
would;  but  what  this  dogmatic  Frenchman  says  on 
any  subject  must  be  taken  cum  grano  salts. 

The  juez  de  primera  instancia,  Manuel  Dominguez, 
informs  the  prefect  of  the  second  district  that  on  the 
7th  of  July  1842  Samuel  Fagget  was  shot  to  death. 
Manuel  Gonzalez,  a  Peruvian,  and  sacristan  of  the 
presidial  chapel,  was  shot  at  Monterey  July  27,  1842, 
for  killing  an  Englishman.  He  was  sentenced  by  the 
court  of  first  instance;  the  sentence  was  confirmed 
by  the  superior  tribunal,  and  its  execution  ordered  by 
the  governor. 

During  Pio  Pico's  administration  Juan  de  Dios,  an 
Indian,  formerly  neophyte  of  La  Soledad  Mission, 
murdered  two  women  and  a  servant  in  the  suburbs  of 
Monterey.  In  the  absence  of  all  civil  authorities, 
Alvarado,  Comandante  de  la  linea  del  Norte,  submitted 
the  matter  to  a  junta  de  oficiales,  and  the  murderer 
was  shot  to  death  July  13,  1845.  Under  the  admin- 
istration of  R.  B.  Mason,  Pedro  Gomez,  who  had 
murdered  his  wife,  was  shot  at  Santa  Cruz  August 
16,  1847,  having  been  tried  by  the  alcalde  and  a  jury 
of  twelve  men. 

Drop  the  curtain.  Let  a  lively  interlude  be  sounded ; 
then  raise  it  again. 

It  was  a  proud  day  for  the  law,  the  10th  of  De- 
cember 1852.  True,  it  wds  only  a  Spaniard  who  was 
hanged,  Jose  Forin,  and  for  the  murder  of  a  Spaniard, 
but  then  it  was  the  first  legal  execution  San  Francisco 
had  ever  seen,  and  the  young  metropolis  was  very 
proud  of  it.  High  on  Russian  Hill  the  gallows  was 
erected,  on  the  topmost  pinnacle,  where  all  the  town 
might  witness  the  triumphant  ceremony,  though  at  the 
suggestion  of  certain  ones  who  had  no  eye  for  the  beau- 
tiful ir  public  strangulation,  the  machine  was  moved 
westward  over  the  hill  a  little  way,  so  that  the  per- 


YOUNG  SAN  FRANCISCO. 


747 


formance  might  be  conducted  somewhat  more  mod- 
estly. About  half  the  town  turned  out;  so  new  a 
thing  it  was  for  the  law  to  punish  a  murderer.  The 
poor  prisoner  thought  it  unfair  to  begin  with  him; 
the  law  had  liberated  so  many  hundreds  of  worse  men ; 
he  thought  the  law  was  the  friend  of  criminals,  and 
though  he  protested  his  innocence  to  the  last,  the  law 
was  brave  and  hanged  him  up  right  manfully.  It  was 
a  glorious  sight !  True,  the  poor  fellow  was  a  stranger, 
without  money,  friendless,  and  unable  to  speak  the 
English  language.  I  did  not  say  that  for  these  he 
was  hanged;  true,  hundreds  more  deserving  of  his 
fate  stood  gaping  by,  thinking  how  awful  it  was,  how 
righteous  the  law  that  punished  him  who  sinned — 
and  was  caught  at  it.  It  was  a  happy  sight,  I  say, 
this  hanging  of  the  moneyless,  friendless  Spanish 
stranger;  it  set  so  splendid  an  example  to  other 
poor  friendless  strangers  of  every  nationality.  Of 
course,  to  wealthy  and  respectable  criminals  the  spec- 
tacle taught  nothing;  but  they  did  not  dislike  it. 
Sweet  to  those  who  escape  just  punishment  is  the 
just  punishment  of  others!  It  was  a  gala  day  in  San 
Francisco,  this  10th  of  December  1852.  Russian  Hill 
was  thronged  with  a  great  concourse  of  people.  The 
Marion  Rifles  and  the  California  Guard  were  out, 
flaunting  their  gayest  attire.  The  streets  were  lined 
with  carriages ;  husbands  brought  thither  their  wives, 
and  mothers  their  children,  to  witness  tlie  rare  enter- 
tainment. Three  or  four  clergymen  with  attendant 
interpreters  assisted  at  the  exodus  of  this  soul;  there 
must  be  an  example,  but  let  it  be  made  suavitcr  in 
modo.  Finally,  with  arms  pinioned,  legs  bound,  and 
black  cap  drawn  over  the  face,  a  blow  i'rom  a  hatchet 
cut  the  rope  that  held  in  place  the  platform,  and  the 
friendless  unfortunate  dropped  into  eternity. 

Not  until  a  year  and  a  half  after  was  there  another 
legal  execution  in  San  Francisco.  This  made  punish- 
ment by  law  very  infrequent  where  crime  was  so  com- 
mon— not  a  single  legal  execution  during  the  first  five 


74t 


ARIZONA,  NEW  MEXICO,  AND  MEXICO. 


years  of  law  and  government  round  Yerba  Buena 
Cove,  and  then  so  long  an  interval  without  another 
warning.  It  was  no  wonder  assassins  regarded  killing 
free  to  all.  July  28,  1854,  was  the  date  of  the  second 
extreme  example.  William  B.  Shepherd  worked  for 
Henry  C.  Day,  and  was  betrothed  to  his  daughter. 
Day  withholding  his  consent  to  the  union,  Shepherd 
stabbed  him  to  death,  and  was  hanged  for  it  in  a  little 
valley  near  the  Presidio,  ten  thousand  persons  being 
present  as  spectators.  Another  long  interval,  and 
early  in  1856  we  find  Nicholas  Graham  hanging  in 
the  jail-yard  for  killing  Joseph  Brooks,  a  fireman  on 
a  bay  steamboat.  Nearly  two  years  now  elapsed  be- 
fore another  legal  execution,  which  was  that  of  Henry 
F.  N.  Mouse  for  the  murder  of  Peter  Becker.  De- 
cember 10,  1858,  was  the  date  of  this  last  punish- 
ment. The  machinery  now  worked  a  little  more 
evenly.  Tipperary  Bill,  whose  true  name  was  Will- 
iam Morris,  was  hanged  the  10th  of  June  1859  for 
the  killing  of  Richard  H.  Doak.  The  30th  of  Sep- 
tember 1860  James  Whitford  was  hanged  at  the 
county  jail  for  the  murder  of  Edward  Sheridan.  Then 
follow  Frank  Bonney  and  Albert  Leo  of  the  same 
year;  John  C.  Clarkson  in  1861;  Barney  Olwell  and 
Antonio  Sassovich,  Thomas  Byrnes,  and  Chung  Wong 
in  1866;  John  Devine,  surnamed  The  Chicken,  and 
Charles  A  Russell  in  1873;  and  Chin  Mook  Sow  in 
1877.  Sixteen  executions  in  thirty  years,  dating  from 
1847,  the  opening  year  of  Yerba  Buena's  aspirations. 
These,  with  the  four  hangings  by  the  Vigilance  Com- 
mittee of  1851,  and  four  by  that  of  1856,  comprise 
the  catalogue.  Millions  of  money  had  been  paid  by 
the  citizens  to  keep  running  criminal  courts  and  police 
regulations  these  thirty  years,  and  hundreds  of  men 
were  all  the  time  at  large  whom  the  law  pronounced 
guilty  of  death,  and  only  sixteen  capital  punishments  I 
Says  the  Sacramento  Union  of  the  28th  of  May 
(jf  the  citizens  composing  the  Committee  of  1856: 
"They  have  calmly  stood  by  and  seen  and  heard  of 


IMBECILE  LAW. 


740 


some  fourteen  hundred  murders  in  San  Francisco  in 
SIX  years,  and  only  three  of  the  murderers  hung, 
under  the  law,  and  one  of  those  was  a  friendless  Mex- 
ican." 

I  have  given  in  this  volume  many  examples  of 
Popular  Tribunals,  but  the  half  has  not  been  told. 
n  IS  safe  to  say  that  thus  far  in  the  history  of  these 
Pacific  States  far  more  has  been  done  toward  righting 
wrongs  and  administering  justice  outside  the  pale  of 
law  than  within  it. 

Out  of  five  hundred  and  thirty-five  homicides  which 
occurred  in  California  during  the  year  1855  there 
were  but  seven  legal  executions  and  forty-nine  in- 
formal ones.  Of  the  latter  ten  occurred  in  the  month 
of  January,  not  one  of  which  would  have  been  con- 
summated if  left  to  the  machinery  of  law.  So  it  was 
m  Nevada  ten  years  later:  to  one  hundred  and  fifty 
homicides  there  were  but  two  legal  executions.  It 
was  the  Augustan  age  of  murder. 


